![]() ![]() There is no point tendering a character reference that does not do this. ![]() The sentencing Judge then knows that the writer knows what the reference is for. It can just be something like “I understand that Mr X has been charged with stealing $1000 from his employer”. This does not have to be the specific allegations all written out. State that you are aware of what the charges are and what the facts of the offence involve. This all helps to show to the court who the offender truly is and in a way that a lawyer often is unable to communicate to the court. Include details of any detrimental consequences the offender will experience as a result of the conviction. ![]() Generally it’s these people that are able to properly inform the court the level of remorse that the offender has shown and the impact that the offending has had on them. The best character references come from people who know the offender well such as close friends, family members or work colleagues. It is of limited use if the writer has only known the defendant for a week or a month. Informing the court about the length of time that you have known the defendant demonstrates the level of insight that you have into the defendant’s background and behaviour. Then state what your relationship is with the defendant and how long you have known them for. Use the name of the person that you are writing about as a heading to the reference.Īlso state your occupation and qualifications. If the matter is being heard in the District Court the reference should be headed “To the Sentencing Judge”.Īny further references to the Magistrate or Judge should read “Your Honour”. If the matter is being heard in the Magistrates’ Court the character reference should be headed “To the Sentencing Magistrate”. It tells the Magistrate or Judge that you know that it is not just a general character reference but a reference that is aimed specifically for the court. It is important to address a character reference correctly. Address the letter to the appropriate person This will enable the court to read the reference without difficulty and without the lack of legibility that a hand written reference may have.ģ. A letterhead gives the court a better understanding about who the writer is and what their position is in the community. If you have an official letterhead because you run your own business or you work for a company then, if you are permitted, place the character reference on the letterhead. The following points provide a broad guide for a referee to follow when writing a character reference for a defendant. While there is no one set of rules as to how a character reference should be structured and what issues should be addressed, some general rules and guidelines do apply. ![]() Here we explain the structure of a character reference and the issues that should be addressed. How To Write A Character Reference For Court In Australia This could be family members, friends, work colleagues and employers (present and past). The best character references come from those who know you well and therefore, are in a position to write about you as a person. There is a common misconception that family and friends cannot give character reference material. Character references are an important aspect of a sentencing hearings and serve as a valuable tool in a helping a client achieve the best possible result. This helps the court to gain an impression of the offender and also address the question of who the defendant is in the context of the offending. The Purpose Of A Character ReferenceĪ character reference should aim to provide the court with a greater insight into the defendant’s personal circumstances, and to address the defendant’s attributes. Guidelines For Character References For CourtĪ character reference is a letter written and addressed to the court in support of a defendant who has been charged in criminal proceedings. ![]()
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