Requirements for Character Reference

If you ever pleading guilty to a criminal offence and want to tender one or more character references for the Court to take into account then here are some good rules to follow:

  1.  The reference should be on the letterhead of the referee if at all possible.
  2. It should be typed.
  3. It should have the referee’s name and address on the right hand side.
  4. Under that it should be dated on the left hand side.Under that it should be addressed to, as an example:The Presiding Magistrate Waverley Local CourtAnd under that the salutation: Your Honour
  5. It should then have as a heading:CHARACTER REFERENCE FOR [NAME OF DEFENDANT]
  6. Under that the referee should state their occupation/position in a company or business and any qualifications.
  7. The referee should state how long they have known the Defendant, in what capacity and how often they have had contact with the Defendant.
  8. The referee should state they are aware the Defendant has been charged with [state offences].
  9. The referee should state they have spoken to the Defendant in detail about the offences.
  10. The referee should state that they are aware the Defendant is pleading guilty to the offences.
  11. The referee should state they have been informed by the Defendant that he has not been convicted of any similar offence/s.
  12. The referee should state that the Defendant has shown remorse for what he has done or suffered anxiety as a result of being charged by Police and the referee should state any observations to support those contentions.
  13. The referee should state their opinion of the Defendant’s general character and reputation in the community including details of what the referee knows about the Defendant’s background including family, education and employment history.
  14. The referee should state their opinion on whether the committing of the offences was out of character for the Defendant and why.
  15. The referee, if appropriate, should state his awareness of any personal circumstances that may have contributed to the reasons why the defendant committed the offences.
  16. The referee should mention any special contributions that the Defendant has made to the community such as charity work.
  17. The referee should state whether the Defendant has suffered any hardship as a consequence of committing the offences such as losing a job, loss of reputation or being disgraced in the community or amongst friends.
  18. The referee should state whether the Defendant will suffer any hardship as a result of being convicted of the offences such as loss of future employment prospects or restrictions on overseas travel.
  19. The referee should state any other matter relating to the charges which they believe would be of assistance to the Court.
  20. The referee should end the character reference by stating something along the lines of “I am willing to confirm any of the above if required and can be contacted on [tel. no. of referee].
  21. The reference should conclude with:Yours faithfully[referee’s signature][referee’s name typed]