HOW TO WRITE A CHARACTER REFERENCE FOR COURT

HOW TO WRITE A CHARACTER REFERENCE FOR COURT – TRAFFIC OFFENCES

If a person is charged with a criminal or traffic offence, they may need to attend court to have their case heard. This

means that they will be the defendant in the case.

Although this can be daunting, there are some really important things that can be done to try and reduce any

sentence that the court may impose. For example, getting character references. They can make a significant

difference to the way the court decides the case.

What is a character reference?

A character reference is a letter that is written about the defendant by someone who knows them well (a referee). It

is written to the court and is used to give an idea of what kind of person they are and whether the offences are part

of their normal behaviour or conduct.

A character reference can be written by anyone who knows the defendant, for example:

 An employer or work colleague.

 A friend.

 A family member.

 A community member who can write about the defendant’s involvement in the community.

As a referee, it’s important that you know the defendant well. This means that you may have known them for many

years, or you may have had significant contact with them over a shorter period of time.

What to say in a character reference:

A character reference should help to paint a picture about the defendant’s unique personal circumstances. It should

be fairly short and be based on your knowledge of them. It should also provide examples of their character.

An effective character reference should:

 Say who you are – describe your job and give any qualifications.

 Say how long you have known the person and in what capacity (for example, “I have known John for 20

years. We have been close friends for most of that time”).

 State the charge(s) against the defendant (the defendant will have pleaded guilty or been found guilty of

these charges).

 Say that you are aware of what they have done.

 Say whether the defendant has expressed remorse or has suffered psychologically as a result of the

offending. Set out what they have said or done that confirms these things.

 Say whether you think their conduct was out of character and if so, why.

 Detail any contributions the person has made to the community, for example charity or volunteer work.

 Say whether the defendant was suffering any hardship at the time of the offending (financially, medically,

psychologically of otherwise) and if so, say whether the person has addressed those issues.

 Say whether the defendant has suffered any hardship as a result of the offending including loss of

employment or reputation.

 Say what you think of the person’s character, for example their qualities that you like or admire.

For traffic matters, there are other important things to include:

 If you are the defendant’s employer you should say whether their employment will be terminated or

suspended (with or without pay) if they lose their licence. You should also say whether the loss of licence will

impact your business and you should state how. Be as specific as you can.

 If you are aware of difficulties that the defendant will suffer if they lose their licence, you should set them

out in the reference.

 If you have assisted the defendant with transportation needs you should say how often you have done so.

How to set out a character reference:

You should write the reference as a letter. An example of how to set it out is included on the next page. The

reference should:

 Be addressed to The Presiding Magistrate in the Magistrates Court. For the District Court, it should be

addressed to The Presiding Judge.

 Be dated.

 Include your contact details just in case the Court wishes to contact you to confirm what you’ve said in the

reference.

 Be signed by you, with your name printed underneath your signature.

What not to say:

 Don’t blame others for the defendant’s offending.

 Don’t be critical of the victim or the law.

 Don’t suggest an appropriate penalty.

 Don’t lie.

Other considerations

Before writing the reference, make sure that you ask the person whether they have any other prior offences. This

will ensure that the reference has correct information, especially when you are saying in the letter whether their

conduct was out of character.

A character reference is most effective when supported by examples of the defendant’s good character rather than

general statements. For example, instead of saying that he is an honest man you should expand and give an example

of his honesty such as he is an honest man who many months ago found a wallet containing personal details and

money which he took straight to the Police Station.

When you have written the reference, you can either give it to the defendant or to their lawyer.

EXAMPLE – HOW TO SET OUT A CHARACTER REFERENCE (TRAFFIC OFFENCES)

[Referee’s name]

[Referee’s address]

The Presiding Magistrate/Judge

[Court’s address]

[Date]

Dear [Sir or Madam]

Character Reference for [name of defendant]

My name is [give your name, address, job and any qualifications].

I have known [name of defendant, address of defendant] for [state how long you’ve known the defendant and how

you know them. Say how much contact you have with them.]

[Set out what you know about the charges against the defendant. Say that you know the defendant must attend

court.]

[If you know how the defendant feels about the charges and about what they have done, set it out here. Say

whether they’re sorry for their actions or if they have suffered psychologically because of their actions. Say what

they have said or done that makes you believe that they’re sorry.]

[If you believe their conduct was out of character, set out the reasons why. This may include anything going on in the

defendant’s life that has caused stress or upset.]

[If you are the defendant’s employer, say whether the defendant will lose their job or be suspended. Say how the

defendant’s loss of licence will impact your business.]

If you know whether a loss of licence will create difficulties for the defendant, set them out. If you have helped the

defendant with transport, give details.]

[Set out what you think of the person’s character, for example, their personal qualities that you like or admire.]

[Set out any contributions that the defendant has made to the community, for example charity or volunteer work.]

Should you have any further questions, I can be contacted on [phone number].

Yours faithfully

[Signature]

[Print full name]