How to Write a Character Reference
intended for use in criminal law cases in the Magistrates Court
General Information
This guide will assist you in obtaining character
references, and it will assist your referee to know
what they should include in such a character
reference to be used for sentencing purposes.
References should be from people who have
known you or have had relevant contact with you
and are able to comment on your character.
WHAT TO INCLUDE IN A
CHARACTER REFERENCE
References should include:
• the length of time that the referee has known you
• the basis of the relationship or connection
that the referee has (or has had) with you.
For example, they may know you because
they have been your teacher recently, your
supervisor at your place of employment or
they may have been a long-term family friend
• the circumstances through which the referee
knows you and has contact with you, including
how frequently you meet or see each other
socially, in business or otherwise
• the referee’s observations regarding your
character, personality and behaviour. The
referee can cite, where relevant and available,
examples of your patriotic, public-spirited
or seless actions, or they might otherwise
describe your positive character traits
• an acknowledgement by the referee of the
offences for which you have been charged,
and a statement that the reference has been
specically written for use at court. The
reference should therefore be addressed to ‘The
Presiding Magistrate’ and not ‘to whom it may
concern’. References that are of general nature
and do not refer to the offending behaviour are
accorded little weight by the court as they do
not attempt to place the offending behaviour in
the context of your general character
• that you have discussed the relevant offence/s
with the referee in detail
• that you have shown remorse in respect of
the offences and how that remorse has been
demonstrated
• that the offences are something the referee
would regard as being out of character for you
• a clear acknowledgement that the referee is
aware of the nature and seriousness of the
charge/s against you.
WHAT NOT TO INCLUDE IN A
CHARACTER REFERENCE
A reference is USED ONLY AFTER a person has
been convicted and it should NOT say or intimate
that the referee knows, believes or thinks that
the person could not be, is not or is unlikely to
be guilty. The referee may indicate that it is not
typical of your normal behaviour and can state
that it is out of character.
References that are too glowing in their praise or
that appear not to be objective in their assessment
destroy the very effect they are intended to create.
References should NOT deal with penalty. It is very
undesirable for the referee to say, for example, ‘I
know that a jail sentence would be harmful and
would be of no benet’. This is a matter for the
magistrate (judge) alone to determine.
OTHER FORMALITIES
All character testimonials must be signed and
dated. If relevant, the referee should include any
formal positions held by them. In such cases, the
reference should be written on letterhead paper.
It is important that the original character reference
is handed to the presiding magistrate. Copies of
the reference can be made by your solicitor prior
to court.
2 I CAXTON LEGAL CENTRE INC. HOW TO WRITE A CHARACTER REFERENCE
GENERAL INFORMATION
While there is no limit to how long character references
should be, references generally should not be longer
than one or two pages.
There is no rule about how many character references
can be tendered, but be aware that the magistrate will
have limited time to read such material. Therefore, one,
two or three quality references are preferable in the
majority of situations.
It would be an offence to forge a reference from
someone, and it would also be an offence to try to hand
up a fraudulent reference to a magistrate.
OF NOTE
If you are unable to obtain a character reference for
court purposes, then, if relevant, you should still try
to make sure that you make the court aware that your
offending behaviour is out of character, unlikely to
be repeated and you are remorseful about what has
happened. If the offence has prompted you to start
therapy or counselling to deal with the problems that
caused you to engage in the offending behaviour, try to
obtain a letter conrming this from your counsellor or
support service provider.
Caxton Legal Centre Inc.
© Copyright Caxton Legal Centre Inc.
1 Manning Street
South Brisbane Qld 4101
Telephone: (07) 3214 6333
Facsimile: (07) 3846 7483
Internet: www.caxton.org.au
Know Your Rights! www.queenslandlawhandbook.org.au
This information is current at November 2018.
Disclaimer
This information is intended only as a guide. It is not a substitute for legal advice.
No responsibility is accepted for any loss, damage or injury, nancial or otherwise, suffered by any person acting or
relying on information contained in or omitted from this publication.
