CHARACTER REFERENCES

You have been asked to write a reference for a person who is going to court for a
criminal offence (the accused). The reference will be given to the court before it decides
what penalty to give the accused. It is important that you are of good character. You
should have known the accused for some time, or had a lot of recent contact with them.

What should my reference include?

 Indicate how long you have known the accused and how. State how often you have contact;

 State that you know the accused is going to court and what they have been charged with;

 Indicate if the accused has talked with you in detail about the offences;

 Has the accused shown remorse and indicated they are sorry for what they did? Describe how they have
shown that, eg. They have been visibly distressed or upset; attended counselling.

 Refer to what you know of the accused’s personal background and any hardships or special achievements
they have experienced in their life;

 Detail any personal problems you know the accused has, especially any that may have contributed to the
offending, eg. Drug, alcohol abuse, financial problems; State anything you know the accused has done or is
doing to overcome these problems;

 Describe what you think of the accused as a person. If the offences are out of character, state why you
believe this;

 Give your opinion of the accused’s general character and reputation in the community;

 If you know the accused has prior convictions, state how this affects your view of their character;

 Refer to any voluntary work or special contribution the accused has made to the community;

 Describe any hardship or punishment the accused has already suffered due to the offending, eg. Job loss,
loss of reputation, disgrace in the community or amongst family and friends;

How should the reference be set out?

 If possible, have the reference typed. Write it on your letterhead (if you have one) and state any formal
positions or qualifications you hold. Make sure you sign and date it.

 Address the reference to the “The Presiding Magistrate” (if in the Magistrates’ Court) or “To the
Presiding Judge” (if in the County or Supreme Courts) and commence with “Your Honour”.

Where do I send the reference?

Give the reference to the accused or send it to their lawyer, well in advance of the court hearing. You can also
discuss the reference with the accused’s lawyer.