Introduction

Character references hold great value in court cases. Usually, folks with a solid reputation, like family friends or colleagues, provide them. A good character reference paints a clear picture of someone’s personality for the court, which might sway the judge or magistrate’s decision on sentencing.

This guide will provide information on how to prepare an effective character reference letter for court. It will cover key aspects to consider when writing, such as what to include in the letter and how to format it professionally, to ensure it is clear and impactful for the court. Though a reference letter is certainly a personal endeavour, understanding these principles and requirements is necessary to remain professional and write a legally appropriate document. 

Understanding the Impact of a Character Reference in Court

Painting a Picture of Good Character

A court character reference should clearly illustrate the defendant’s positive qualities. Generic statements of good character are less effective. To create a strong reference, use specific examples and stories that highlight the person’s character. For instance, instead of saying someone is generous, describe a time they showed generosity. This approach makes the reference more impactful for the court.

Demonstrating Remorse and Rehabilitation

Character references can also emphasise the defendant’s remorse and rehabilitation efforts. If the defendant has expressed remorse or taken steps to rehabilitate, these should be detailed in the reference. Mention actions like seeking counselling, expressing regret for their actions, or apologising to victims. Highlighting these points shows the court the defendant is taking responsibility and working towards positive change.

See our comprehensive article on the importance of character references in court, and how they can improve your case. 

Key Elements of an Effective Court Character Reference Letter

Addressing the Court and Judicial Officers Correctly

When writing a character reference letter for court, it is essential to address it correctly to ensure it is formally presented. For cases in the Local Court, the reference should be addressed to “The Presiding Magistrate”. If the case is in the District or Supreme Court, it should be addressed to “The Presiding Judge”. In both instances, the salutation should be “Your Honour”. Using the correct form of address demonstrates respect for the court and judicial officers.

Describing Your Relationship with the Defendant

Clearly stating your relationship with the defendant is a key component of an effective character reference. It is important to explain how you know the person and for how long. Detailing the nature of your relationship provides context for the court to understand your perspective. For instance, you might be an employer, workmate, priest, teacher, team member, family friend, or neighbour. Providing these details at the beginning of your letter sets the stage for your character assessment.

Showing Awareness of the Charges

A crucial element to include in your character reference is a statement confirming that you are aware of the charges the defendant is facing. This demonstrates to the court that your reference is informed and relevant to the current legal proceedings. It is not necessary to detail the charges specifically, but you should use terminology consistent with them. For example, you might write, “I am aware that [defendant’s name] has been charged with assault” or “I know that [defendant’s name] is facing charges for a drug offence”. Expressing this awareness upfront is important. Indeed, the courts may unfavourably view a letter that clearly is unaware of the charges.

Providing Specific Examples and Stories

To make your character reference impactful, it is vital to use specific examples and stories rather than general statements. Instead of simply saying someone is “hardworking and generous,” illustrate these traits with anecdotes. For example, instead of stating “he is loyal,” tell a story that demonstrates his loyalty. Sharing specific instances brings the defendant’s character to life and makes your reference more persuasive and memorable to the Magistrate or Judge.

Including Relevant Personal Circumstances

Where appropriate, including relevant personal circumstances of the defendant can provide the court with a fuller understanding of the individual. If you are aware of any personal challenges or situations that may have contributed to the offence, you can mention these, but be careful not to shift blame. Personal circumstances might include factors such as financial hardship, mental health issues, or significant personal stressors. Additionally, you can indicate how the sentence may impact the person’s work and family life, such as the potential loss of employment and the ability to support dependents.

Formatting and Practical Tips for Writing

Letter Format and Presentation

When preparing a character reference letter for court, presentation is key to ensuring it is taken seriously. The letter should be neatly presented to create a positive first impression.

To achieve a professional format, generally consider the following points:

• Typed Format: Character references should be typed, unless written by a child, as typed letters are easier to read and more professional.
• Standard Paper: Use standard 8.5 by 11-inch paper for your letter.
• Letterhead: If possible, use official letterhead, especially if you are writing as an employer or from a business.
• Essential Details: Include your name, address, phone number, and email address, so the court can verify your information if needed.
• Signature and Date: Sign the letter and print your name, address, and occupation clearly underneath your signature. Ensure the letter is dated.

What Language and Tone to Use

The language and tone used in a character reference letter significantly impact its effectiveness. It is important to use appropriate language and maintain a respectful tone throughout the letter.

Consider these guidelines for language and tone:

• Use Your Own Words: Write the reference in your own words to ensure it sounds genuine and personal. Avoid copying templates or other people’s words.
• Be Respectful: Maintain a respectful tone towards the court and judicial officers.
• Be Specific: Use specific examples and stories to illustrate the defendant’s character, rather than making general statements or empty praise.
• Be Truthful: Ensure everything you write is true and accurate. It is an offence to mislead the court.
• Avoid Jargon: Use clear and straightforward language, avoiding overly complex or legalistic terms.

Proofreading and Review by a Lawyer

To ensure your character reference is as effective as possible, proofreading and seeking legal review are crucial steps. These actions help to refine the letter and ensure it appropriately supports the defendant.

Here’s why these steps are important:

• Proofread Carefully: Always proofread your letter for any errors in spelling and grammar. Ensure that the letter is clear, makes sense, and is easy to understand.
• Seek Legal Review: It is a good idea to provide the reference to the defendant’s criminal lawyer early. This allows the lawyer to check if the letter contains all necessary information and if any areas need clarification or adjustment.
• Understand Realistic Outcomes: Discuss the case with the criminal lawyer to understand realistic outcomes and ensure your letter aligns with the overall defence strategy.
• Early Submission: Provide the character reference to the defendant’s lawyer well in advance of the court date. This allows them sufficient time to review and prepare the case effectively.

What to Avoid in a Character Reference Letter

Avoid Generalisations and Empty Praise

Character references should avoid general and vague statements about the defendant’s character. References that include generic praise, such as describing someone as “hardworking, energetic, and generous,” often have minimal impact on the court. To create a more effective reference, it is important to move beyond simple adjectives and provide specific examples or stories that illustrate the defendant’s positive qualities. Instead of stating someone is loyal, share a story that demonstrates their loyalty, making the reference more memorable and persuasive for the judge or magistrate.

Do Not Suggest a Specific Penalty

It is crucial in a character reference letter to avoid suggesting a specific penalty to the court. References should not include statements that recommend what sentence the defendant should receive. Similarly, it is inappropriate to criticise the law, the police, the prosecutor, or the victim in a character reference. The role of the character reference is to provide insight into the defendant’s character, not to influence the judge or magistrate’s decision on sentencing or express opinions on the legal proceedings.

Do Not Undermine the Case or Claim Innocence

A character reference should not undermine the defendant’s case by arguing their innocence. It is inappropriate to use the letter to claim that the defendant is not guilty or to suggest that the jury or court made a mistake. Avoid statements that contradict the defendant’s plea or the court’s findings. Instead, focus on presenting a fuller picture of the defendant’s character and personal circumstances, while respecting the legal process. Phrases acknowledging the court’s decision can be used to maintain respect for the justice system while still advocating for leniency based on the defendant’s character.

Do Not Include False Information

Honesty is paramount when writing a character reference; therefore, it is essential to ensure all information presented is truthful and accurate. Providing false or misleading information in a character reference is a serious offence. References should only include details that are genuinely believed to be true and can be supported by the writer’s personal knowledge. Exaggerations, untruths, or misleading statements can severely undermine the credibility of the reference and potentially harm the defendant’s case.

Conclusion

Character references play a crucial role in court cases by providing insights into a defendant’s character and potentially influencing sentencing. To be effective, these letters should be carefully prepared, including key elements such as correct addressing, relationship details, charge awareness, specific examples, and relevant personal circumstances. Proper formatting, appropriate language, and proofreading are also essential.

Writing an effective character reference requires careful attention to detail. For expert guidance and support in preparing a compelling character reference, or for any legal advice, contact Daoud Legal today. Our team’s unparalleled expertise in criminal law ensures you receive the best possible representation.

Frequently Asked Questions