Want to learn how to write a character reference for court NSW?
This guide has been designed to assist you in the preparation of a character reference for court in NSW Australia.
Does a character reference help in court?
We have discovered that a well-drafted Court character reference can have an impact upon the sentence that is imposed by the Court.
We believe that a Court character reference must paint a picture of the character of the person it is written about.
Hopefully this guide is helpful.
What should be included in a character reference letter?
Here’s what most people do:
Most Court character references make statements like this “James Brown is hardworking, energetic and generous with his time and money”.
We believe that these references have very little impact upon the sentence imposed by the Court.
As some Magistrate’s comment, “I have never read a bad character reference”.
Here’s what we recommend:
Use examples, illustrations and stories.
This can improve a character reference for Court.
For example:
“Joe Bloggs is very generous with his time and his money. I remember driving home and seeing our elderly neighbour struggling to remove graffiti from his fence. Joe went quiet and when we returned home he went missing for a while. About 1 hour later I saw James with our elderly neighbour scrubbing the graffiti from the fence with solvents and equipment that he had purchased from the hardware store. James spent the next 4 hours with our neighbour until it was all removed. This is just one example of how Joe demonstrates his generosity and compassion to others.”
What should be included in a character reference for court?
- The reference should be addressed to “The Presiding Magistrate” if the court is a Local Court or “The Presiding Judge” if the court is a District or Supreme Court.
- The salutation (normally Dear Sir / Dear Madam) should be “Your Honour”.
- The reference should be typed.
- The reference should be on official letterhead, if possible.
- The reference should indicate how long you have known the person.
- The reference should indicate that you are aware that the person has been charged with the specific offence they have been charged with.
- You should speak with our client as to whether they have been charged with a similar offence previously. We will not be able to use the reference if you state that the offence is totally out of character if our client has been convicted with similar offences in the past.
- If our client has expressed remorse for what they have done or suffered anxiety as a result of being charged by police, then you should comment on your observations.
- If you are aware of any personal circumstances of our client that may have caused them to have committed the offence you should state these.
What should be included in a character reference for a traffic offence?
- If you are aware of any difficulties that may be suffered by our client as a result of a loss of licence please state these.
- If you are our client’s employer and our client’s loss of licence will impact your business please state this. If our client will lose their job as a result of losing their licence or if they lose it for a certain length of time you must clearly state this. Please do not be vague as to what may occur in the future.
What Should NOT Be In A Character Reference for Court
- Do not suggest the penalty to be imposed.
- Do not be critical of the law or of the victim.
- Do not make comments like “I ask the court to look inside them”
- Do not say anything that is not true. It is an offence to mislead the Court.
- Do not make submissions or speeches.
Disclaimer
The information contained on this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it.
Need a criminal lawyer?
Hopefully this guide (How to write a character reference for court NSW) was useful
Please contact us if you need help.
We only do criminal and traffic matters. We are not a ‘general practice’ law firm. They offer a range of legal services (e.g. family law, conveyancing, wills and estates, etc). HCD Law is a specialised criminal law firm. This is all we do.
