everything you need to know about character references
TRANSCRIPT
Everything You Need to Know About
Character References
October, 2014
Legal Disclaimer
This presentation is offered for general information
purposes only. It does not constitute specific legal
advice or opinion. You should not act or rely upon any
of the information contained within this seminar
without seeking the advice of a qualified solicitor who
specialises in the particular area of expertise and
jurisdiction that you require.
Introduction
What is a Character Reference?
A character reference is a legal
document that describes one
person’s opinion of another
person's character.
Character references are used to
assist the Court in their decision
making process.
Introduction
Character references are
most commonly used in
criminal law matters to help
the Judge (in the District
Court) or Magistrate (in the
Local Court) consider the
subjective features of an
individual in sentencing.
Introduction
Who can write a Character Reference?
Anyone can write a character reference, provided
they are known to the person they are writing the
reference for.
The most common types of people who draft
character references include employers or close
friends
Introduction
Family members may draft character reference
however are usually not the most appropriate
people to draft a character reference due to the
inherent bias of their option.
Presentation Outline (Part 1)
How do you write a Character Reference?
1. Personal Details 8
2. Acknowledgement of Offence 9
3. Establish Relationship 10
4. Opinion of Character 11
5. Evidence of Character 13
6. Signature & Date 14
Slide #
How do you write a Character Reference?
1. Personal Details
A character reference starts with the personal details of both parties.
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Full Name
Address
Phone Number
Date of Birth
Organisation
Role in Organisation
How do you write a Character Reference?
2. Acknowledgement of Offence
A character reference must acknowledge that the
person is aware of the offence and the
circumstances in which it was committed.
An employment or other similar reference will not
be considered by a Court. I.e. the reference must
be new, not existing.
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How do you write a Character Reference?
3. Establish Relationship
A character reference establishes the relationship
between the parties by explaining the nature of
the relationship and the length of time the two
parties have known each other.
This includes the last time the
two parties interacted and any
other past interactions that
relate directly to the matter.
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How do you write a Character Reference?
4. Opinion of Character
The body of the character reference should
include a detailed opinion of the other person.
This is usually done by outlining the person’s
positive personality traits, values and/or
beliefs, remorse for the offence, personal
circumstances which may have contributed to
the offence, and…
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How do you write a Character Reference?
4. Opinion of Character
…the effect that the offence of the offense will
have upon the person (it is extremely important
not to shift blame for the offence being committed
however it is relevant for the Court to be
aware of such circumstances, for
example, in drink driving cases to
confirm to the Court the outcome of a
loss of licence).
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How do you write a Character Reference?
5. Evidence of Character
The reference should state specific
relevant examples to back up each
statement (where appropriate).
For example, if the other person is being
described as honest and trustworthy, it would be
helpful to include a specific example of how that
person demonstrated they were honest and
trustworthy in the past.
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How do you write a Character Reference?
6. Signature & Date
A character reference ends with the referee’s
handwritten signature and date.
The original character reference
(not a copy) must be provided
to the Court.
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Presentation Outline (Part 2)
Tips for Writing a Good Character Reference
1. Clear & Legible 16
2. Short & Succinct 17
3. Not Critical or Suggestive 18
4. Use Organisation Letterhead 19
5. Spelling & Grammar 20
6. Address Properly 21
7. Don’t Be Misleading 22
8. Use Proper Formatting 23
Slide #
Tips for Writing a Good Character Reference
1. Clear & Legible
A character reference needs to be clear and
legible in order to properly assist the Court.
For this reason, it is recommended
that it is always typed out,
not handwritten.
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Tips for Writing a Good Character Reference
2. Short & Succinct
The Court is always time poor and
Judges/Magistrates do not want to
read pages of irrelevant text.
For this reason, it is recommended
that the character reference is no
more than 2 pages in length,
preferably only 1. The referee should
aim to be succinct and ‘to the point’.
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Tips for Writing a Good Character Reference
3. Not Critical or Suggestive
A character reference should not be
critical of the law nor suggest the
penalty that should be imposed.
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Tips for Writing a Good Character Reference
4. Use Organisation Letterhead
If the referee has a formal position or
any recognisable qualifications, it is
recommended the referee use their
organisation’s letterhead when printing
the character reference.
This clearly communicates who the
referee is to the Court.
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Tips for Writing a Good Character Reference
5. Spelling & Grammar
A character reference should always be proof
read (by someone other than the referee) before it
is submitted to ensure there are no spelling or
grammatical errors.
Do not use shorthand, slang or emoji.
Our firm can assist with this if required.
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Tips for Writing a Good Character Reference
6. Address Properly
The reference should be addressed
to a ‘The Presiding Magistrate’ in the
local court or ‘The Presiding Judge’
in the District Court.
All Judges and Magistrates should
be referred to as ‘Your Honour’.
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Tips for Writing a Good Character Reference
7. Don’t Be Misleading
An offence should never be noted to be out of
character if a similar offence has occurred in the past.
Not only is it an offence to
state anything which is
untrue or to mislead the
Court, a reference will hold
little weight if the Court is
aware that it contains any
material which is incorrect.
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Tips for Writing a Good Character Reference
8. Use Proper Formatting
Ensure the formatting is as
clear and legible.
Our recommended style of
formatting is 1.5 line spaced
text, normal margins and a
standard font such as Times
New Roman or Arial.
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Turnbull Hill Lawyers – Contact Us
If you have any further questions about character
references or you'd like to discuss a related matter
please contact our Criminal Law team.
We will endeavour to respond to your enquiry within
24 hours.
Need Criminal Lawyers in NSW? Call Us
We service Newcastle & the Central Coast
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