Writing a character reference might seem daunting at first, but it’s an incredibly valuable way to support someone in legal proceedings. Whether it’s for a friend, an employee, or someone you’ve mentored, a well-written character reference can help paint a fuller, more positive picture of the person beyond the charges they’re facing.

This guide will walk you through the key steps to writing an effective and helpful character reference.

What Is a Character Reference and Why Does It Matter?

A character reference is a letter written to offer insight into the personal qualities, values, and behaviour of an individual facing legal proceedings. Its primary purpose is to present the court with an additional perspective on who the person is beyond their alleged offence.

Character references can help provide context and humanise the accused.

A compelling reference can affect sentencing, showing the court that the offence is out of character or that the individual has taken steps towards rehabilitation.

The Basics of a Character Reference

Before you put pen to paper (or fingers to keyboard), it’s essential to understand the foundational elements of a good character reference.

Who Should Write It?

Not everyone is suitable to write a character reference. Choose someone who:

• Knows the accused well and has had regular interactions with them.
• Can attest to their character honestly and without bias.
• Holds a respectful position in the community, such as an employer, teacher, or professional of some kind. While family can technically write references, they may carry less weight because of their high chance of bias.

Addressing the Letter Properly

Always address your reference to the correct party. That is typically:

• “To the Presiding Magistrate” (for cases in the Magistrates Court).
• “To the Sentencing Judge” (for District or higher courts).

Generally speaking, avoid generic greetings like “To whom it may concern.”

Other Formalities to Keep in Mind

• Type the letter and print it on official letterhead if applicable to the reference (eg if you are writing as an employer or a business connection).
• Include your full name, contact details, and date.
• Sign the letter.

What to Include in a Character Reference

An effective character reference is specific, genuine, and tailored to the legal context. Here’s what you should address:

1. Relationship with the Defendant

Start by introducing yourself. Mention how long you’ve known the individual, in what capacity, and how frequently you interact. For example:

“I’ve been John’s manager for the past three years, overseeing his daily responsibilities in our retail store. We work closely together, and I’ve come to know him as a diligent and courteous employee.”

2. Positive Observations

Describe the individual’s personality and character traits with specific examples. Highlight their reliability, kindness, or positive contributions to the community. Avoid meaningless statements like “They’re a good person” if at all possible. Instead, provide context for your opinions using the “show, don’t tell” method:

“Sarah is deeply committed to giving back to her community. She spends her weekends coaching a junior soccer team and mentoring local youth.”

3. Acknowledgment of the Offence

Acknowledge that you’re aware of the charges the defendant is facing. This demonstrates that your letter is informed and credible, and also that you were prepared to give the reference notwithstanding your informed knowledge of the charges in question. For example:

“I understand that Mark has pleaded guilty to charges of drink driving. He has expressed to me how deeply he regrets his actions.”

4. Remorse and Rehabilitation

Discuss any remorse the individual has shown to your knowledge, and any steps they’ve taken to address their behaviour. This could include counselling, community service, or personally apologising to any affected parties. The Court may already be aware of these things, but there is no harm in including them as they provide context for your opinions and assertions about the character of the individual.

“Following the incident, Emily began attending a rehabilitation program to address her challenges with alcohol. Her dedication to change has been clear, and she has shared her strategies with me for staying on track.”

5. Impact of the Charges

Outline how a potential penalty could affect the individual’s life, where relevant. For instance:

“If Adam were to lose his driver’s licence, it would make commuting to work and supporting his family significantly more difficult.”

6. Statement of Character

Include a brief statement reiterating how the offence is out of character for the individual (assuming it is) and expressing your belief in their ability to move forward responsibly.

What to Avoid in a Character Reference

An obviously biased or generic reference can hurt rather than help. That means it’s best to avoid things like:

• Discussing Prior Offences: Unless absolutely necessary, don’t bring up unrelated previous charges. Keep the focus on the current situation.
• Recommending Penalties: It’s not your role to suggest leniency or punishments. Stick to your observations.
• Giving Legal Opinions: Avoid language like “I don’t believe they’re guilty” or “They shouldn’t be prosecuted.”
• Making General Statements: Be specific and provide evidence to support your claims.
• Lying or Exaggerating: Be honest. False information could damage the court’s perception of both the defendant and you.

Formatting and Presentation Tips

Keep it simple: make your reference straightforward and easy to read:

• Keep it concise at around one to two pages. Judges and magistrates are busy, and long-winded letters may be skimmed or overlooked.
• While your letter should sound like you and be in your words, avoid overly casual language.
• Organise your letter into clear paragraphs, with each addressing a specific point, such as your relationship, your observations, and your conclusion.

Key Information to Gather Before Writing

To ensure your reference is relevant, speak with the defendant or their lawyer about:

• The charges they’re pleading guilty to.
• The context of the allegations and any mitigating circumstances.
• The defendant’s previous criminal history (if any).
• Specific details they’d like highlighted in the reference.

Ideally you should discuss with the accused’s lawyer the reference, its purpose, and ways you can make it meaningful for the defendant’s outcomes. The lawyer will be best placed to let you know how you can help.

Why Your Character Reference Matters

Ultimately, your character reference serves as a bridge between the defendant and the court, offering a perspective that legal documents alone can’t provide.

It demonstrates the human side of the person facing charges and can significantly influence judicial decisions, particularly in cases where remorse, rehabilitation, and community standing are evident.

If writing this reference feels overwhelming, remember your role isn’t to defend but to describe. Just be honest, clear, and specific and you shouldn’t go too far wrong.