How to write a character reference for court

People may want to know how to write a character reference for court when necessary. But what are character references for court? These letters or statements are written for defendants in criminal law proceedings. A defendant's family members, close friends, teachers, and employers may write a character reference. A general character reference typically contains the writer's:

• Basic info
• Relation to the defendant
• Positive character traits of the defendant
• Experiences with the defendant
• Overall assessment
• Conclusion

It's important to note that character references for court should be written in a professional and respectful manner. Additionally, it should not contain false or misleading information as this may put the defendant in a bad position. The primary purpose of a character reference is to provide information about a defendant's character and behaviour. It should not be used to influence the outcome of the case.

However, it is important to remember that character references are only one factor a court may consider when making a decision. The final decision will be based on the facts of the case. A best-case scenario for a defendant would be a lighter or more appropriate penalty due to good character references and legal counsel. Read on to learn how to write a character reference for court.

Structure of a Character Reference for Court

It's important to know the structure of a character reference before knowing how to write a character reference for court. For starters, character reference writers should understand what the defendant is pleading guilty to. This shows that the character reference writer is aware of the gravity of the crime committed. Below is a list of tips for writing a character reference correctly for court.

1. Preliminary Tips

• Writers should use letterheads if they run their own businesses or if they work for a company. This provides the court of who the writer is and their position in the business/company.
• Avoid generic lines such as "The defendant is hardworking and nice". Writers should provide reasons if they believe that the defendant has good character.
• The reference should be typed and not written. This is to prevent the sentencing court from getting confused with erasures, and legibility issues.
• Ask the defendant if they have been charged with a similar criminal offence previously.
• Ask the defendant about their opinion and feelings on the case.
• The character reference should be written with honesty.
• Keep the character references brief and direct to the point.

2. Introduction

This part will discuss how to write a character reference for court when starting with the introduction. The character reference should be addressed to either the sentencing Magistrate if the case is heard in the Magistrates Court. On the other hand, the character reference should be addressed to the sentencing judge if the court location is in the County or Supreme Court. Writers should also start their character reference with "Your Honour". Here are some examples:

"To the Presiding Magistrate, [343 Hunter St, Newcastle NSW 2300, Australia]

Your Honour,"

Or;

"To the Presiding Judge, [Supreme Court, 184 Philip Street, Sydney]

Your Honour,"

3. Explain the Relationship With the Defendant

Character reference writers should explain their relationship with the defendant and how long they have known them. The duration of the writer's relationship with the defendant is a critical factor. Why? Courts will give lighter weight to writers who only knew the defendant for a week or few months. That's why close friends, family members, or co-workers are the best character reference writers.

4. Opinion and Positive View of the Defendant

This part will discuss how to write a character reference for court when writing the body of the character reference letter. As mentioned, it's important to state the facts of the offence. Moreover, writers should state if the defendant has a history of the offence at hand. They may also state their opinion on the offence and express their positive view of the defendant. Writers should keep it simple and short like:

"I am aware that the defendant was caught doing cocaine last week. Cocaine use is illegal and very harmful to a person's life and body. Despite the defendant's cocaine usage, she has been very helpful and nice to me as her co-worker. She works overtime in our office just to help out new hires if they cannot understand their tasks. Moreover, she also offered to help me move to another house without expecting anything in return".

5. Addressing the Defendant's Remorse, Shame, Insight, and Rehabilitation Prospects

It's important to also include these four prospects if people want to know how to write a character reference for court.

For shame, the writer may state:

"I talked to the defendant yesterday and she felt ashamed for what she did. She couldn't even meet my eyes while we were talking".

For remorse, the writer may state:

"The defendant told me that she regrets what she did and is deeply embarrassed for using cocaine".

For insight, the writer may state:

"The defendant told me that she is responsible and accountable for any harm and inconveniences she has caused".

For rehabilitation prospects, the writer may state:

"The defendant immediately consulted with correctional programs. These correctional programs address the defendant's cocaine use/addiction. She told me that the doctors were very accommodating and were administering therapy sessions for her. It's a good thing that she also wants to keep going to the therapy sessions".

6. Conclusion

Knowing how to write a character reference for court includes a good closing statement. This may consist of relevant evidence such as any personal circumstances that may have contributed to the offence. For instance, there was drink driving involved before a defendant used drugs. However, it's important to be careful not to shift the blame to others as this will complicate legal proceedings. Moreover, do not suggest penalties or fines since the court is responsible for doing this.

Character reference writers should also make sure that they know where to send the letter. Hence, they should double-check if the case is being heard at the Magistrate's Court or Supreme Court. They should also send the letter before the court hearing date so the sentencing judge may review the character reference.

Importance of Seeking Legal Advice

This article has discussed how to write a character reference for court. However, these are only general tips. It is better to seek legal advice for such matters. JB Solicitors can aid clients in preparing a well-drafted character reference for defendants.

Our lawyers have the legal knowledge and experience of dealing with various legal matters. Do you want to know more about how to write a character reference for court with us?

Speak to a criminal lawyer today.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.