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Character Reference (Criminal Court)

After accused people have pleaded guilty or been found guilty by a Criminal Court (Magistrates' court, Intermediate (district/county) court, or Supreme court), the Court begins a sentencing procedure. As part of this procedure, the defence lawyers often wish to tender written character references on behalf of the convicted person, by people who know them well, and who are aware of the conviction, but who nevertheless wish to say that the convicted person has good character and reputation.

The following template is designed to assist the referee to provide all necessary information, but nevertheless speak in their own words, and to produce a neat typewritten reference bearing a signature. Some character referees might be able to supply their own letterhead.

One principle the referee should bear in the mind is that the Judge actually wants to read reasons why the accused (sometimes now called "the prisoner") should be sentenced near the lower end, rather than the top end, of the scale of penalties for the offence. The Judge won't be impressed by a referee who says "the accused is a terrific guy who everybody likes". Anybody can find a friend to say something like that. The judge wants to see a reference that describes the accused, with some objectivity, as a useful and socially-responsible member of society, who, despite his/her proven criminal activity, society would want to be returned to his/her normal life, as soon as possible.

Referees should honestly admit their own position of observation. The referee should say who they are, and how and when they came to know the accused. In describing the accused's character, the referee should say as much as is necessary to draw their impressions of the accused (even taking account of the conviction), but not so much that they wander off the point. Some judges and magistrates have said that a character reference of more than one page is probably too long.

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Character Reference (Criminal Court)

Any State. Precedent for preparing a character reference for a criminal court (Magistrates' Court, Intermediate (District/County) Court, Supreme Court) in any State of Australia: After accused people have pleaded guilty or been found guilty by a Court, the Court begins a sentencing procedure. As part of this procedure, the defence lawyers often wish to tender written character references on behalf of the convicted person, by people who know them well, and who are aware of the conviction, but who nevertheless wish to say that the convicted person has good character and reputation. This template is designed to assist the referee to provide all necessary information, but nevertheless speak in their own words, and to produce a neatly written or typewritten reference bearing the referee's signature. Some character referees might be able to supply their own letterhead. (L-CharRef1)

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