C H AR AC T E R R E F E R E N C E S
You have been asked to write a reference for a person who is going to court for a criminal
offence (the defendant). The reference will be given to the court before it decides what
penalty to give the defendant. It is important that you are of good character. You should have
known the defendant for some time, or had a lot of recent contact with them.
What should my reference include?

Your name, your relationship to the person, your job and what qualifications you hold;
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How long you have known the person and how often have you had contact with him;
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How you know what the person has been charged with and what they did;
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That you are aware of the charges that the person is pleading guilty to?
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That the person has talked with you about the charges?
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What the person feels about what they have done?
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Are they sorry for what they did?

How have they shown that? For example, have they been distressed or upset or cannot
sleep?

Have they gone to counselling?

Have they paid for any damage or said sorry to the victim?

Your opinion of the persons general character and reputation in the community;
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Whether you believe the offences are out of character and why;

What you know of the defendant’s personal background - including their family, education,
and employment;
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
Whether you know of any personal problems the defendant has, especially any that may
have contributed to the offending. eg drug, alcohol, psychological or other problems; State
anything the defendant has done or is doing to overcome these problems;

What are they doing to overcome these problems?

Have you witnessed a positive change in their life since the offending?

Will you support them in the future? And if so, how?

Any special contribution the defendant has made to the community, eg charity work;

Whether the defendant has or might suffer any other hardship due to the offending,
eg. job loss, loss of reputation, disgrace in the community or amongst family and friends;
How should the reference be set out?
If possible, have the reference typed. Make sure it is signed and dated. Write it on your
letterhead (if you have one) and state any formal positions or qualifications you hold.
If the case is listed in the Local Court, address the reference to “The Presiding Magistrate” of
the relevant local court. Commence the letter with “Your Honour”.