• References should be typed; and 
• References must be signed, dated with the address and telephone number of the referee provided.

The reference must be set out as follows: – 

The Presiding Magistrate/Judge
Local (or District/Supreme) Court

Court Address

Date                                                                             

Your Honour

Re:   John Smith – Character Reference.

The ‘referee’ should say something about him/herself and include any positions or titles held. 

Paragraph 1:                                                           

I am a General Practitioner at the Chatswood Medical Centre. I am also a board member of the Blacktown Cricket Club.

Referees should outline how they have known you.

Paragraph 2:                                                           

I have known John Smith for 25 years. We first met as volunteers at the Rural Fire Service. Since that time we have become close friends and our families each summer go away to together and share a holiday house.

All references should state that they know why the person is before the Court. This is done by stating the actual charge/s before the court. The referee will need to be given a copy of the Court Attendance Notice for details of the charge/s.

Paragraph 3:

I am aware that John Smith has pleaded guilty to the offences of common assault, damaging property and intimidation.

All references should state background information as to whether the person has previously been sentenced by a criminal court.

Paragraph 4:

I know that this is not the first time John Smith has been before a court and that he in fact has twice previously been convicted of drink driving. However, at the time of those offences, I did not perceive his drinking problem to have been addressed. Since completing residential rehabilitation, he is a different person and indeed I have not known him to be sober for this long since I first met him.

The references should state that the person communicated to the referee that he or she is remorseful for their conduct and has demonstrated insight into their behaviour. 

Paragraph 5:

I have seen how John Smith sincerely regrets having committed the offence. When he approached me and told me about what he did, John was in tears. He was devastated that his drunken behaviour in destroying the company’s property had caused them such a significant financial loss. John told me that he recognised that he had to be held accountable for his actions and asked if I would help organise a personal loan so the company could be compensated immediately.

The best references are written from the heart. It is tempting to write off a template but doing so may create a risk that the reference will sound insincere. 

Whilst references from employers sound professional, loved ones should not be afraid to spill their hearts. 

Mental health, drug addiction and alcohol abuse are matters relevant to the sentencing exercise. What factors does the referee think contributed to the offending? Did the referee observe the person to be depressed, or to have experienced trauma, or to have self-medicated with drugs and alcohol? 

Paragraph 6:

John Smith has battled with drugs since his early adolescent. His parents being marijuana smokers, he himself made no efforts to curtail his drug use and I know for a fact that by 18 years of age he was smoking daily not only with his parents’ consent but also sharing marijuana with them. Whilst their drug use was limited to cannabis, tragically, for John, it provided a gateway to Ice. 

If the referee is an employer, the character reference should prove to the court that the person is contributing to society. The referee must write what the job is and how long the person has been employed? What makes them a good employee and why are they indispensable? 

Paragraph 7:

Since commencing employment in 2010, John Smith contribution to the company as a Supervisor has been recognised by his colleagues and our customers alike. His understanding of the business and local knowledge, having grown up in the community where the business is located, is irreplaceable. He is a mentor to our younger staff members, leading by example, in that he is first to arrive and last to leave.

An employer should state whether he or she can continue employing the person should the court record a conviction or impose a gaol sentence. If applicable, state if the person will lose his/her job because of other penalties (eg. licence disqualification), do not use vague or ambiguous language such as “the business may review John Smith’s position”. 

Paragraph 8:

Our company policies will not allow John Smith to continue his employment with us if he receives a conviction for a criminal charge and his contract will be terminated immediately. I have enclosed a copy of John’s contract with his permission to show the condition that the company would have no discretion but to rely on, despite his outstanding contributions, if he receives a criminal record.

If the referee is a family member, the referee will most likely have a personal and intimate perspective of the person. The hardest criminal can be the most loving father. Magistrates and judges are parents, husbands and wives. The way one treats their family is often a means of gaining an affinity with the court. 

Paragraph 9:

As John Smith’s father, I saw first hand how hard it was for him to lose his mother at the start of his teenage years. In many ways, his age at the time meant he was forced to forgo his own childhood to look after his younger siblings and in helping them I feel he was never able to process his own grief.

A person’s demonstrated rehabilitation since an offence can be the difference between escaping a criminal conviction and freedom or gaol. If a person has received treatment for any criminogenic factors contributing to their offending, it is paramount that those efforts are emphasised by the referee. These efforts can include attending a psychologist, psychiatrist, counsellor, detox, rehabilitation or a drug and alcohol rehabilitation course/program. 

Paragraph 10:

Seeing a psychologist has changed every aspect of John Smith’s life. He has stopped drinking and can communicate with people more clearly. That has given him the confidence to find a job and reconcile with his children who he hasn’t spoken to for years. It’s the first time I have seen him happy and positive since he was seriously injured in the workplace accident in 2017.

Referees from the community sector will be given weight if you are a participant in charity work or sporting clubs. They will be given less weight if the referee knows the person but the person themselves has no connection to the community organization. The closer your community ties, the better. 

Paragraph 11:

John Smith is a pillar of the local community, having been the President of the Gold Cross, Cronulla branch, for the past decade. In that time, John has personally raised hundreds of thousands of dollars by petitioning the local community to support his efforts to combat domestic violence. His work was directly responsible for the opening of the local women’s refuge, which I would assume the court is familiar with. He is the last person whom I would imagine to ever be before the court for an offence.

If you are a friend of the accused, you can write a character reference that shows a good familiarity with the person. How long have you known the accused? What is the person like when outside home and when interacting with people in the community? What does he or she do that goes above and beyond what people would normally do?

Example:

 I have known John Smith since high school and more than two decades later, our children are at Cronulla Public School together in Kindergarten and Year 3 respectively. 

Since my husband died tragically of a stroke, I’ve been a single parent performing shift work to put food on the table to feed my children. John collects the children after school each day and after having fed them he helps them with their homework. He is like a second father to them and a brother to me. I don’t know how we would have overcome the tragedy that became us if not for him.

Hardship is a matter that a court may consider. Common forms of hardship include financial and family matters. For example:

Example:

The domestic violence offence that John Smith committed has meant he has had to restart his life in his mid-thirties yet not once have I heard him complain. Nonetheless, he has lost his security licence and is unemployed looking to find a new field of work. He hasn’t seen his kids in months and is heading to the Family Court. He is back living with his parents. I am extremely concerned that a conviction will make it all but impossible for him to find new work when he is unskilled in all but security and unable to return to that industry.

If the offence is one that carries a loss of licence, the referees should state your need/s for a licence. Below are some reasons a court may invoke for not recording, or reducing, a disqualification period.

Loss of employment is a classic reason for a court not disqualifying a person. If a person will lose their job if they lose their licence then the referee should put forward that assertion with absolute certainty. The court will see straight through waffle such as “his position may be reviewed”. 

Example:

A licence disqualification will prevent John Smith from fulfilling his duties. If this were to occur, he will be asked to temporarily leave his post until the disqualification lapses or if the disqualification is for more than 3 months, his employment will be terminated as per clause 8.2 of his contract enclosed herein. There is no discretion in this situation. He is a sales representative and our clients cannot be serviced by public transport.

If there is no viable alternative transport then a court may consider when deciding whether to impose a disqualification. This mainly applies to people in the country, but may apply if you are a shift worker, reside or work in an area not serviced by public transport, or to females who work late. 

Example:

John Smith works at Palatial Hotels in an industrial area where there is no public transport. He wakes up at 3am, leaves at 4am, and starts his shift at 5am. We have explored all options and, as he is the only licenced driver in our family, he has no way to get to work if he loses his licence. We have a mortgage and two school age children. Without a licence, he cannot get to work. Worse still, we’d have no way to get to the Cronulla shops, a 30 minute drive from where we live on acreage.

If there is no viable alternative transport then a court may consider when deciding whether to impose a disqualification. This mainly applies to people in the country, but may apply if you are a shift worker, reside or work in an area not serviced by public transport, or to females who work late. 

Example:

John Smith works at Palatial Hotels in an industrial area where there is no public transport. He wakes up at 3am, leaves at 4am, and starts his shift at 5am. We have explored all options and, as he is the only licenced driver in our family, he has no way to get to work if he loses his licence. We have a mortgage and two school age children. Without a licence, he cannot get to work. Worse still, we’d have no way to get to the Cronulla shops, a 30 minute drive from where we live on acreage.

Family reasons such as care for a child or elderly parents, sickness of yourself or another who relies upon your ability to drive, are matters a court may consider.                                                                 

Example:

John Smith resigned from his job to look after our sick son as he is the only licenced driver in our family who could take him to his daily medical appointments. When he stopped working, I started a lower paying job. Even though it meant less money, it was the only way we could ensure our son received the treatment he needed. John is with our son 24 hours a day in case his conditions worsens and he needs to be taken to hospital. We simply cannot look after our son without a car.

• Provide false or misleading information in the character reference.
• Suggest to the Judge or Magistrate what penalty to impose.
• Criticise the law, police, prosecutor, or the victim.
• Antagonise the Judge or Magistrate to whom the reference is addressed.
• Make excuses for the persons behaviour.
• References should not be identical.

Letters of apology should follow the same format as references in terms of presentation and should cover the same topics, but for the fact that the person being sentenced is talking about themselves. 

The apology letter should include:

• An apology for your conduct;
• A summary of how you perceive yourself as a person e.g. what you do and who you consider yourself to be.
• A statement of the effect a conviction or the consequences that flow from a conviction would have on your life.
• Evidence of remorse and any steps taken to change behaviour e.g. attendance at counselling, drug tests, psychological appointments, Traffic Offenders Program;
• An explanation as to the circumstances of your offending. However, do not make excuses for criminal conduct and do not place the blame on someone else. Simply state what happened.
• Show your understanding of the seriousness of the offence e.g. impact on the community, yourself and others in your life.