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Character
Reference Guide
1.
Character References should, whenever possible, be typed on
letterhead.
2.
They should be addressed to either: (a) To whom it may concern, (b)
To the Presiding Magistrate, or (c) To the firm of solicitors acting
for the defendant (eg “To ABC Lawyers”).
3. The words used don’t
have to be formal; they should be the words of the person who gives
the reference (who is called the ‘referee’).
4. The ‘referee’ should
say something positive about him/herself (eg “I have worked in XYZ
Organisation as a manager for ‘x’ years” etc), and include any
positions or titles held (eg business or employment positions,
church, military, positions in community organisations etc). The
referee should also mention any positive contributions that he/she
has made to the community (eg involvement in charity work). Such
information should somehow be slipped in, without sounding
over-confident or arrogant.
5. The referee should
say how long and in what circumstances he/she has known the
defendant (eg “for 5 years through business X” etc); how often they
meet or see each other (eg “daily during work” etc). It should say
things about the defendant’s character, personality and behaviour
(eg “I have always known “x” to be a decent/honest/caring/selfless
person” etc); giving examples to back it up (eg “I have seen “x”
help others by.......... “ or “’x’s” honesty is evidenced by the
fact that he..........” etc).
6. The reference should make it
clear that the referee is aware of the nature and seriousness of the
charge/s against the defendant (eg “I am aware that “x” has pleaded
guilty to................... which is a very serious offence”).
7. As the reference is used only
after the defendant has been convicted (ie after he/she has
pleaded guilty or been found guilty), it should not say that
the referee knows, believes or thinks that the defendant could not
be, is not, or is unlikely to be guilty of the offence/s. The
referee should, however, say that the behaviour is not typical of
the defendant (eg “this type of behaviour is out of “x’s” character”
or “it is unlike “x” to engage in such unacceptable conduct” etc).
8. References that are
too praiseworthy of the defendant (eg “’x” is the most decent
and best person I’ve ever met” etc) are not as effective as those in
which the referee comes through as sensible, level-headed and
mature.
9. References should not
say what the penalty should or shouldn’t be. They should not, for
example, say “I know that a gaol sentences would be harmful, not
beneficial, etc.”. That is solely a matter for the Magistrate or
Judge to determine.
Finally,
please do not use the same words as those in this guideline. Use
your own style and your own words. | 
