Character references for use in Courts
The following is intended to be general, not legal, advice.
Writing a character reference for court
Character references are important documents that may be used after a person is convicted of an offence. They are often tendered to the court to show that offending behaviour is out of character, or provide further insight into some of the good things the offender may have done in the past.
While there are no rules as to how many or how few references should be tendered, it is advisable, instead of tendering many, to tender one to three well written and quality references.
It should go without saying that forging a reference from someone, or handing to the court a forged reference may be an offence.
What not to include in a character reference
Before considering what makes a good character reference, there are some matters which should absolutely never appear in a character reference you want to hand to a court:
Any comment about the guilt or innocence of the person. A character reference is only tendered to the court after the person has been convicted of an offence, meaning they have already pleaded guilty. It is advisable to indicate that this offending may be out of character, but do not descend into an assessment of whether or not the person is guilty.
Praise that is too glowing to the point of appearing false or not objective. It is natural to want to help people in times of distress, however writing a reference that does not appear objective only harms the cause of the person who wishes to tender it. As a referee you want to appear considered, objective and an effective judge of the persons character.
Recommendations as to penalty. The penalty the person receives is at the guided discretion of the presiding Magistrate or Judge. You should not make any comment as to the penalty, leave this to the solicitor or barrister representing the person.
What should be included in a character reference to be used in court?
Foremost, if the writer is a professional, they should write the reference on their letterhead. In terms of length, try and keep the reference between one or two pages. An example of a character reference might look like this:
1. Addressing the court: first find out whether the offender is in the Magistrates Court (i.e. Magistrate), or the District or Supreme Court (i.e. Judge).
“To the presiding Judge (or Magistrate)”
2. Introducing yourself: include your name, position and company (if applicable), and any qualifications you hold.
“My name is John Doe, I am a electrician and owner of John Doe electrics, where I have worked for five years. I have a Diploma in Electrical Engineering.”
3. Describe the basis of the relationship or connection you have with the offender and the circumstances of your contact: You should include how you are acquainted, how long you have known each other, and how the relationship is defined.
“I have known Jane Smith for approximately ten years. Jane was my neighbour when I resided at my previous address, where we gradually became friends. Our families regularly socialise. I would consider her to be a close family-friend, and someone I hold in high confidence.”
4. Describe your observations of the offenders character, personality and behaviour. You might include specific examples of community spirited or selfless actions, or positive character traits.
“In the time I have known Jane, she has always struck me as an honest and reliable friend. My wife and I would regularly leave our children in her care and never had any reason for concern. While we would often offer Jane money as a token of gratitude, Jane would never accept this. I know Jane to be a caring and selfless person. As an example of this, I am aware Jane would volunteer from time-to-time at the local RSPCA, to assist walking some of the animals.”
5. An acknowledgement of the offences and indication you have discussed the offences with the person in detail. This is the most critical aspect of the character reference, and often, sadly, the most neglected. The referee needs to be aware of what offences have been committed in order to provide an assessment of that offending behaviour against the person they know. A reference that does not consider the offending behaviour provides very little value to the court.
“I am aware that Jane was charged with driving under the influence of alcohol in January outside the local RSL. I am aware she recorded a blood alcohol content reading of 0.156 / 100g alcohol. I was very disappointed and surprised by Janes actions, as I have always trusted her judgement and considered her a responsible person.”
6. An indication of remorse, how that has been demonstrated, and comment on the characterisation of the offending. (If applicable) This again is a critical aspect of the character reference, as this is the opportunity to identify that the offending behaviour is out of character.
“In our conversations about this incident, Jane was extremely embarrassed and apologetic. She was crying and shaking when she was explaining the circumstances of her arrest, and profusely apologising to me and my wife, Sarah. Jane told both of us that she has sworn off alcohol, and I understand she is looking to complete a responsible drinking program in February.
In all of my relationship with Jane, this offending is out of character. While I can’t explain why this occurred, I am aware she has lately had some relationship difficulties. Jane made it clear to my wife and I that these issues, however, are not an excuse for endangering other road users.”
7. An acknowledgement that the referee is aware on the nature and seriousness of the charges.
“I am aware how serious driving under the influence of alcohol is, and I am aware this is an issue the Queensland Police Service actively target. When people drive under the influence, they endanger other road users and innocent people”
Finally…
Don’t forget to sign and date! If you are able to make copies of the document, be sure to give the original to the Court, and have three spare copies for the lawyer to use.