A character reference is a formal letter written by someone who knows an individual facing legal proceedings. It provides insight into the person’s character, personality, and background, offering the court a broader perspective beyond the facts of the case. If you have been asked to write a character reference, this guide will help you understand its purpose and how to craft an effective and professional letter.

The Purpose and Impact of a Character Reference

A character reference serves as a testament to the individual’s character and values, giving the magistrate or judge valuable information to consider during sentencing. It helps the court to:

• Understand the individual’s character: Highlight their positive traits and reputation within their community.
• Assess mitigating circumstances: Provide context about personal challenges or circumstances that may have influenced their actions.
• Consider rehabilitation efforts: Show how the person has taken responsibility and demonstrated efforts to make amends.

Key Considerations When Writing a Character Reference

• Honesty and Integrity
• Write truthfully and avoid exaggerations or fabrications. The court places value on authentic, honest statements.
• Be prepared to stand by your reference if asked to elaborate in court.

• Your Credibility
  • Ensure you have a good character yourself, with no serious legal issues. Your standing in the community strengthens the reference’s credibility.
  • The longer and closer your relationship with the individual, the more weight your reference carries.

• Stick to Relevant Facts
  • Focus only on matters you have personal knowledge of. Avoid speculating about the offence or circumstances you are unfamiliar with.
  • Do not comment on the appropriate penalty; this is the role of the magistrate or judge.

• Tone and Professionalism
  • Maintain a formal tone while being respectful and sincere.
  • Avoid overly emotional language and keep the reference focused on facts and character.
• Highlight Rehabilitation and Remorse
  • Note any actions the individual has taken to make amends, such as attending counseling, paying restitution, or apologising to those affected.
  • Mention their acknowledgement of the offence and their remorse, if applicable.

Essential Elements of a Character Reference

• Introduce Yourself

Begin with a brief introduction:

• State your full name, occupation, and any qualifications that enhance your credibility.
• Describe your relationship with the individual (e.g., friend, employer, neighbour) and how long you have known them.
• Mention how frequently you interact with them and in what capacity.
• Acknowledge the Charges

Demonstrate an understanding of the situation:

• Indicate whether the individual has discussed the charges with you.
• Share insights into their response, such as remorse, regret, or any steps taken to address their behaviour.
• Highlight any personal challenges they may have faced that contributed to the offence.

• Describe Their Character

Offer an honest assessment of their character:

• Highlight positive traits such as integrity, responsibility, kindness, or dedication.
• Mention their contributions to the community, such as volunteer work, professional achievements, or educational success.
• Explain whether the offence is out of character, with reasons to support this claim.

• Rehabilitation and Efforts to Improve
• Outline any proactive measures the individual has taken to address the underlying issues, such as seeking professional help or attending support programs.
• Mention if they have apologised or taken responsibility for their actions.

Formatting Your Character Reference

General Tips

• Use a formal letter format and type it on a computer.
• Include a letterhead if available, and date the reference at the top.

Addressing the Letter

• For the Magistrates’ Court, address the letter to: “The Presiding Magistrate, [Court Location]”.
• For the County Court or Supreme Court, address it to: “The Presiding Judge”.

Opening and Closing

• Begin with “Your Honour”.
• Include your full name and contact details at the end.
• Sign the letter to validate its authenticity.

Example Character Reference Template

[Your Name]
[Your Address]
[Your Contact Details]
[Date]

The Presiding [Magistrate/Judge]

[Relevant Court Location]

Your Honour,

I am writing this character reference for [Name of Individual], whom I have known for [duration] as a [relationship, e.g., colleague, neighbour]. I am currently employed as a [occupation], and I hold [relevant qualifications, if applicable].

[Provide context about your relationship with the individual and your understanding of their situation.]

[Explain your knowledge of their remorse, actions taken to address their behaviour, and their character. Highlight any positive contributions to the community, challenges they have faced, or achievements.]

[Conclude with a statement about their character and your belief in their ability to contribute positively to society.]

Sincerely,

[Your Full Name]

[Your Signature]

Resources and Support

1. Victoria Legal Aid: Offers free legal information and support.
2. Law Institute of Victoria: Find a qualified lawyer or legal expert.
3. Court Network: Provides information and emotional support for court users.
4. Community Legal Centres: Offer free legal advice. Locate your nearest centre at FCLC Victoria.

Conclusion

A character reference is a powerful tool to support someone facing court proceedings. By addressing the individual’s positive attributes and efforts to improve, your letter can help the court make a fair and informed decision. For further guidance or assistance, reach out to legal aid organisations or community support services in Victoria.