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 for defendants in criminal law proceedings and these provide the judge with information about the defendant’s character and personal qualities.
Furthermore, a character reference can be helpful to the judge in making a decision about the defendant’s sentence. 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
Additionally, writers should draft character references for court in a professional and respectful manner. Also, 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.
When a defendant has good character references and legal counsel, they may receive a lighter or more appropriate penalty, which is the best-case scenario. Read on to learn how to write a character reference for court.
How to Write a Character Reference for Court: Structure of a Character Reference
Before writing a character reference for court, it’s crucial to understand the structure of a character reference. For starters, character reference writers should understand what the defendant is pleading guilty to. Thus, it is necessary that the individual providing the character reference understands the severity of the offense 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 typewritten. This is to prevent confusion by the sentencing court 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
In this section, we will go over the necessary steps to draft a character reference for court, beginning with the introduction. Two things to remember when writing an introduction:
- Address the character reference to the sentencing Magistrate if the case is being heard in the Magistrates Court.
- Address the character reference to the sentencing judge if the court location is in the County or Supreme Court.
Moreover, 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 because the duration of the writer’s relationship with the defendant is a critical factor.
Why does the duration of the relationship matter? This is because the 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.
For example, writers should keep it simple and short:
“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 drunk 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. Also, they should send the letter before the court hearing date so the sentencing judge may review the character reference.
How to Write a Character Reference for Court: Helpful Tips
Character references can be a valuable tool in sentencing because it can help the judge to understand the defendant’s background and to see the crime in context.
Here are some additional tips for writing a character reference for court:
- Be honest and objective. The judge will be looking for a fair and balanced assessment of the defendant’s character. This means that you should not sugarcoat the defendant’s flaws but should also not exaggerate their good qualities.
- Be concise. The judge will not have a lot of time to read your reference, so make sure that it is concise and to the point. A good rule of thumb is to keep your reference one or two pages long.
- Proofread your reference carefully. Typos and grammatical errors will make your reference look unprofessional.
- Ask someone else to read your reference. A fresh set of eyes can help you identify any areas needing improvement.
- Be prepared to answer questions about your reference. The judge may ask you questions about your relationship with the defendant, your observations of their character, and your belief in their potential for rehabilitation.
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 in 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.
