How to Write a Character Reference for Court in Victoria
A well-crafted character reference can significantly influence the outcome of a court proceeding in Victoria. When yo’re supporting someone facing criminal charges, your letter can provide the court with a personal perspective on the individual’s character and help to explain the why, what and how of their offending.
At Emma Turnbull Lawyers, we understand the importance character references play in legal proceedings. Our team of Accredited Criminal Law Specialists in Melbourne often advise clients and their supporters on how to prepare effective character references that align with court expectations.
What Is a Character Reference?
A character reference is a formal letter addressed to the court that offers insight into the defendant’s personal qualities, behaviour, and contributions to the community. It serves to humanise the individual beyond the legal charges and can be a valuable component during sentencing.
Why Are Character References Important?
In Victoria, courts consider character references to:
- Provide context about the defendant’s background and personal circumstances
- Demonstrate remorse and steps taken towards rehabilitation
- Highlight positive contributions to the community
- Support arguments for leniency in sentencing.
A compelling character reference can influence the court’s perception and potentially lead to more favourable outcomes.
Who Can Write a Character Reference?
The ideal referee is someone who knows the accused person and has recent contact with them, and has a transparent understanding of why they are attending court. That can be parents, partners, employers, friends, local sporting groups or community groups, religious leaders, teachers or family members.
The referee must have a clear understanding of the charges and be able to provide honest, first-hand insight into the defendant’s character for maximum impact.
How to Structure a Character Reference
When writing a character reference for court in Victoria, consider the following
structure:
1. Address the Letter Appropriately:
- For the Magistrates’ Court: “To the Presiding Magistrate, [Court Location]”
- For the County or Supreme Court: “To the Presiding Judge”
- Begin the letter with “Your Honour”
2. Include Your Details:
- Your full name, address, occupation, and contact information are key information to include.
- Date and sign the letter
3. State Your Relationship with the Defendant:
- How long, and in what capacity have you known the Accused?
4. Acknowledge the Charges:
- Demonstrate awareness of the specific charges the Accused is facing
5. Provide Insight into their Character:
- Share specific examples of their behaviour and contributions
- Is the offending behaviour out of character to the person you know? How?
6. Avoid Suggesting Sentences:
- Do not propose or imply what penalty the court should impose
- Do not justify or make excuses for them.
Tips for Writing an Effective Character Reference
- Be Honest and Specific: Provide truthful accounts and avoid generalisations
- Use Formal Language: Maintain a respectful and professional tone
- Keep It Concise: Aim for a one-page letter
- Avoid Legal Jargon: Stick to personal observations
- Proofread: Ensure that the letter is free from errors
Need Assistance?
The ETL website has a comprehensive guide to assist you in writing character references for court. You can find a link here.
This blog is general information only and does not constitute legal advice. For personalised assistance, please speak to a qualified lawyer.
