How to write a character reference that lands

What a reference is for

A character reference is a letter giving the court insight into the personal qualities, values and behaviour of a person facing sentence.

Its purpose is narrow and it is worth being clear about. It is not to argue the person is innocent, and it is not to ask for mercy. It is to give the court a fuller picture of who this person is outside the offence.

A good reference does two things. It provides context, and it humanises someone the court is otherwise meeting through a police summary. Where it shows the offence is out of character, or that the person has taken real steps towards rehabilitation, it can affect the sentence.

Who should write one

Not everyone is a suitable author. The person should:

• know the accused well and have regular contact with them;
• be able to speak to their character honestly, including where that is uncomfortable; and
• hold a position that gives the reference weight, such as an employer, a teacher, a coach or a professional.

Family members can write references and courts do read them. They generally carry less weight because the potential for bias is obvious. If a family member is writing, the specificity of the examples matters even more.

Formalities

Address it correctly

Address the reference to the officer who will actually read it:

• "To the Presiding Magistrate" for a matter in the Magistrates Court.
• "To the Sentencing Judge" for a matter in the District or Supreme Court.

Avoid "To whom it may concern". It reads as a template and it tells the court the author did not ask which court the matter is in.

The rest of the housekeeping

• Type it. Print it on letterhead if you are writing in a professional or employer capacity.
• Include your full name, your contact details and the date.
• Sign it.

The date matters more than people expect. An undated reference, or one written months earlier, invites the question of whether the author knew about later developments.

What to include

1. Your relationship with the person

Open by introducing yourself. How long have you known them, in what capacity, and how often do you actually interact? For example: "I have been John’s manager for three years, overseeing his daily work in our retail store. We work closely together and I have come to know him as a diligent and courteous employee."

2. What you have actually observed

Describe character traits with concrete examples. Show rather than tell. "She is a good person" gives the court nothing. "She coaches a junior soccer team on weekends and mentors young people through a local programme" gives it something.

3. Acknowledge the offence

Say that you are aware of the charges. This is important and it is the step people most often skip. It tells the court your letter is informed, and that you were prepared to write it knowing what the person has done. A reference from someone who apparently does not know what happened is worth very little.

For example: "I understand that Mark has pleaded guilty to a charge of drink driving. He has told me how much he regrets it."

4. Remorse and rehabilitation

Describe any remorse you have actually observed and any steps the person has taken, such as counselling, a rehabilitation programme, community work or an apology to someone affected. The court may hear about these from the lawyer as well, and there is no harm in that. Your account provides independent context.

5. The effect of a penalty

Where you can speak to it, outline how a particular penalty would affect the person. "If Adam loses his licence, getting to work and supporting his family becomes significantly harder." Stick to what you know rather than speculating.

6. A short closing statement

Finish with a brief statement about whether the offence is out of character, if it genuinely is, and your view about the person going forward.

What to leave out

A reference that is obviously biased or generic can do more harm than good. Avoid:

• Prior offences. Unless there is a specific reason, do not raise unrelated history. Keep to the present matter.
• Recommending a penalty. It is not your role to suggest leniency or a particular sentence. Describe, do not advocate.
• Legal opinions. Nothing along the lines of "I do not believe they are guilty" or "this should never have been prosecuted". It undermines the plea and it irritates the court.
• Vague praise. General statements with no supporting detail read as filler.
• Anything untrue or exaggerated. If a claim is tested and does not hold up, it damages the person you are trying to help and it damages you.

Format and length

• One to two pages. Magistrates and judges have long lists, and a five page letter will be skimmed.
• Write in your own voice, but not casually. It is a letter to a court.
• Use clear paragraphs, each dealing with one point: your relationship, your observations, your conclusion.

Find out these things first

Before you start writing, speak to the person or their lawyer and establish:

1. What charges they are pleading guilty to, precisely.
2. The context of the allegations and any mitigating circumstances.
3. Whether they have any relevant criminal history.
4. Anything specific they would like the reference to address.

The lawyer is the best person to tell you what will actually help, because they know what the court will be told and where the gaps are. A short conversation before you write saves a redraft.

The point of it

A character reference bridges the gap between the person and the court. Court documents describe an offence. They do not describe a person.

If writing one feels daunting, remember what your role actually is. You are not defending anyone. You are describing what you have seen. Be honest, be clear and be specific, and the letter will do its job.

Our page on alternatives to imprisonment covers what a court can do at sentence, and pleading guilty covers how a plea is taken into account.