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How to Write a Character Reference for Court

A practical guide for family, friends, employers and community members asked to write a reference in support of someone appearing before a NSW court.

Why character references matter

A court sentencing someone for an offence is not just weighing the offence itself — it is also trying to understand who the person is, whether the offending was out of character, and how likely they are to appear before a court again. A character reference is one of the main ways the court gets a picture of the person beyond the charge sheet, and a well-written reference can genuinely influence the outcome, including whether a non-conviction result such as a section 10 is realistic.

The value of a reference comes from its honesty and specificity, not its length or the writer's job title. A short, genuine reference from someone who knows the person well will usually carry more weight than a long, generic one from someone more senior who barely knows them.

What to include

Start by explaining who you are and how you know the person — how long you have known them, and in what context (family, employer, coach, neighbour, friend). This establishes why your opinion of their character is genuinely informed.

Address whether you are aware of the charge. Courts expect referees to know, at least in general terms, what the person has been charged with — a reference that avoids this entirely can carry less weight, since it is unclear whether the writer's opinion was formed with full knowledge of the situation. You do not need to go into detail about the offence itself, but you should confirm you are aware of it.

Describe specific examples of the person's character, particularly anything relevant to the offence. If the charge relates to honesty, give examples of their honesty and reliability. If it relates to a lapse in judgment that was genuinely out of character, say so and explain why you believe that, drawing on specific incidents rather than general praise.

Comment on the impact of the proceedings on the person, if you have observed it — genuine remorse, embarrassment, or changes they have already made — and, where true, state that you continue to support and trust them.

What to avoid

Avoid commenting on the facts of the case itself, arguing that the charge is unfair, or suggesting the police or complainant are wrong. That is a matter for legal argument, not for a character reference, and including it can undermine the reference's credibility.

Avoid vague, generic statements that could be written about anyone ("he is a good person", "she has never caused any trouble") without specific examples behind them. Courts read a large number of references and can generally tell when a reference is generic rather than genuinely considered.

Do not minimise or excuse the offending itself. A reference that focuses on why the offence "wasn't that bad" reads as minimising rather than as a genuine character reference, and can do more harm than good.

A simple structure to follow

Most effective references follow a similar shape: an introduction (who you are, how long you have known the person, and in what capacity); a middle section (specific examples of their character, and confirmation you are aware of the charge); and a conclusion (your continued support, and, where genuine, a statement that the offending was out of character and unlikely to be repeated).

References should be addressed to "The Presiding Magistrate" or "The Presiding Judge" (rather than to a named individual, since the person hearing the matter may change), dated, and signed. It is generally best practice for the reference to be provided to the person's lawyer in advance of the court date so it can be reviewed and, if needed, supplemented before it is tendered.

Frequently Asked Questions

Common questions

Yes, you should confirm that you are aware the person has been charged with an offence, even if you do not go into detail about it. A reference that is silent on this point can be seen as less informed, and courts generally expect referees to know at least the general nature of the matter.

There is no fixed length, but most effective references run to around one page. What matters is that it is genuine and specific, not that it is long — a short, honest reference with real examples is usually more persuasive than a lengthy but generic one.

Yes, workplace references are common and useful, particularly where they speak to reliability, honesty or responsibility relevant to the charge. Just be clear about the nature and length of your working relationship so the court can weigh your reference appropriately.

No — a character reference is not the place to argue the facts of the case or the fairness of the charge. That is a matter for legal submissions. Keep the reference focused on the person's character, not the merits of the prosecution.

Character references are generally addressed to "The Presiding Magistrate" (for Local Court matters) or "The Presiding Judge" (for District Court matters), rather than to a specific named judicial officer, since the person hearing the case may not be confirmed until the day of the hearing.

As early as possible before the court date, ideally well ahead of any sentencing hearing. This allows the lawyer to review it, suggest any changes, and make sure it is presented to the court in the most effective way alongside the rest of the material prepared for the hearing.

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