If you intend to plead guilty to a criminal charge, your lawyer may suggest you gather character references to provide to the judge or magistrate before sentencing.
But not all character references are created equal. Some can help your case, while others might do more harm than good.
Here’s what to consider.
Authenticity Matters
The key to a strong character reference is authenticity.
Judges and magistrates read hundreds of references every year. It doesn’t take them long to spot when someone is simply telling the court what they think it wants to hear.
The best character references are honest and don’t shy away from the truth. You’re already pleading guilty, so there’s little value in painting yourself as flawless. If you’ve made mistakes, your referees should acknowledge them. When a referee shows they are aware of your past, that you’ve shown remorse and made efforts to change, and still choose to support you, the court is more likely to trust the reference.
This is why your character references must clearly state that the referee is aware of the charge you’re facing (with appropriate specificity) and that you intend to plead guilty. A referee who doesn’t know the nature of the charge can’t fairly assess your character in context.
Avoiding Inauthentic References
References that aren’t written by the stated author can be damaging. Using tools like ChatGPT or copying from templates may result in a generic and overly polished reference that offers nothing new to the court.
At best, such references are unhelpful. At worst, they might be seen as misleading and could negatively affect your sentence.
To help ensure your references are taken seriously:
- Have them dated and signed with a handwritten (wet-ink) signature
- Include the referee’s contact details
- Avoid suspiciously similar formatting across multiple references
References that appear fake or copied can lead the court to question their legitimacy and shift focus away from the real issues at sentencing.
Choosing the Right Referee
The best character references come from people who know you well and can offer unique insights.
While family members often provide heartfelt accounts, relying only on close relatives like parents or partners may lead the court to think you’ve chosen people who are unlikely to be objective.
It’s better to gather references from a variety of people who know you in different settings. Consider:
- Employers or colleagues
- Mentors or coaches
- Teachers or classmates
- Close friends or business partners
Different perspectives help build a more complete picture of your character.
What a Character Reference Should Include
References should be addressed to ‘The Presiding Magistrate’ or ‘The Presiding Judge’ of the relevant court. They should ideally fit on a single page.
Each reference should include:
- The referee’s full name and occupation;
- A brief summary of their background;
- How long they’ve known you and in what context;
- Specific examples of your character or conduct; and
- Any community contributions or positive attributes
You may also want the reference to touch on matters relevant to your sentencing goals. For example, if losing your driver licence could impact your job, an employer can speak to how this would affect both you and their business.
Important: Do Not Suggest a Penalty
Character references must never suggest what penalty the court should impose.
It’s acceptable for referees to describe the potential impact of a penalty, but asking the court for leniency crosses the line. Your lawyer is responsible for making sentencing submissions. Character references support these arguments by providing context and credibility.
If you’re unsure whether something is appropriate, check with your lawyer before finalising the reference.
Avoiding the Ugly Mistakes
So, what makes a truly bad character reference?
The worst mistakes include:
- Minimising the offence or downplaying the seriousness of the conduct
- Including irrelevant or harmful information, like past offences that aren’t before the court
- Undermining remorse by casting doubt on guilt or suggesting the offending wasn’t serious
Judges and magistrates take these errors seriously. They can harm your position, distract from your lawyer’s submissions, and undermine your expression of remorse.
Use Common Sense
A well-written character reference is a powerful tool, but only if done right. Avoid unnecessary risks by keeping it honest, relevant and respectful.
A Helping Hand Through Sentencing
Crafting the perfect character reference can be more complex than it seems.
That’s why our experienced team of criminal and traffic lawyers always review your references before they go before the court. We’re here to guide you at every stage, from charge through to sentence.
If you need help, contact us at:
Brisbane Office
📞 (07) 3221 4999
Gold Coast Office
📞 (07) 5532 3133
Lismore Office
📞 (02) 6616 2101
After Hours
📞0488 999 980