Character Reference Guide

If you have pleaded guilty or been found guilty of an offence, you should obtain character references for the Magistrate or Judge. The following is a general guide for your assistance.

1. Character References should, whenever possible, be typed on letterhead.
2. They should be addressed to either: (a) To whom it may concern, (b) To the Presiding Magistrate, or (c) To the firm of lawyers acting for the defendant (eg “To Sydney Criminal Lawyers”).
3. The words used don’t have to be formal; they should be the words of the person who gives the reference (who is called the ‘referee’). 
4. The ‘referee’ should say something positive about him/herself (eg “I have worked in XYZ Organisation as a manager for ‘x’ years” etc), and include any positions or titles held (eg business or employment positions, church, military, positions in community organisations etc). The referee should also mention any positive contributions that he/she has made to the community (eg involvement in charity work). Such information should somehow be slipped in, without sounding over-confident or arrogant.
5. The referee should say how long and in what circumstances he/she has known the defendant (eg “for 5 years through business X” etc); how often they meet or see each other (eg “daily during work” etc). It should say things about the defendant’s character, personality and behaviour (eg “I have always known “x” to be a decent/honest/caring/selfless person” etc); giving examples to back it up (eg “I have seen “x” help others by.......... “ or “’x’s” honesty is evidenced by the fact that he..........” etc).
6. The reference should make it clear that the referee is aware of the nature and seriousness of the charge/s against the defendant (eg “I am aware that “x” has pleaded guilty to................... which is a very serious offence”).
7. As the reference is used only after the defendant has been convicted (ie after he/she has pleaded guilty or been found guilty), it should not say that the referee knows, believes or thinks that the defendant could not be, is not, or is unlikely to be guilty of the offence/s. The referee should, however, say that the behaviour is not typical of the defendant (eg “this type of behaviour is out of “x’s” character” or “it is unlike “x” to engage in such unacceptable conduct” etc).
8. References that are too praiseworthy of the defendant (eg “’x” is the most decent and best person I’ve ever met” etc) are not as effective as those in which the referee comes through as sensible, level-headed and mature.
9. References should not say what the penalty should or shouldn’t be. They should not, for example, say “I know that a gaol sentences would be harmful, not beneficial, etc.”. That is solely a matter for the Magistrate or Judge to determine.

Finally, please do not use the same words as those in this guideline. Use your own style and your own words.

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