Character references are a standard part of many NSW criminal proceedings – but there is a significant difference between a reference that genuinely assists your matter and one that has little impact or, worse, undermines your credibility.

If you are preparing for a sentencing hearing or trying to support a family member through a criminal matter, understanding what makes a reference effective is important. Here is what judges and magistrates in NSW courts are actually looking for.

What Is the Purpose of a Character Reference?

A character reference is a letter submitted to the court from someone who knows the defendant and can speak to their character, circumstances, and conduct. Its purpose is to give the sentencing judge or magistrate a fuller picture of who the person before them is beyond the particulars of the offence.

Courts are required to consider all relevant factors when sentencing, including the offender’s personal circumstances, background, and prospects for rehabilitation. A well-written reference from a credible source contributes meaningfully to that assessment.

Who Should Write a Reference?

References carry more weight when they come from people in positions of responsibility or community standing – an employer, a teacher, a community leader, a religious figure, a long-standing colleague, or a professional who has worked with the defendant. References from family members are accepted but typically given less weight, as courts understand that family members have an inherent interest in the outcome.

The number of references matters less than their quality and the credibility of the people writing them. Two or three thoughtful, specific references from credible individuals will generally be more useful than a dozen generic letters.

What a Good Reference Should Include

The most effective references are specific and personal rather than generic. A reference that simply states ‘I have known John for ten years and he is a good person’ provides very little useful information to a court.

A more useful reference will explain: how long and in what context the writer has known the defendant; specific examples of the defendant’s character, work ethic, generosity, responsibility, or contributions to their community; the impact of the offending on the defendant’s employment, relationships, or standing; and the writer’s genuine view of the defendant’s character and prospects.

If the referee is an employer and the defendant’s employment is at risk as a result of the matter, it is helpful to address this directly – courts consider the additional consequences an offender has already experienced or will experience.

What a Reference Should NOT Include

There are several things that can undermine the value of a reference, and some that can actively be unhelpful.

References should not minimise or excuse the offending. A letter that suggests the defendant should not be in court, that the police were wrong, or that the offending ‘did not seem like a big deal’ signals to the court that the defendant does not have a proper understanding of the seriousness of their conduct. Courts respond poorly to this.

References should also not comment on what the appropriate sentence should be – that is the court’s role. A letter that suggests a specific penalty crosses a line that can make the whole reference feel less credible.

It is also important that references not appear to be templates. If multiple references submitted in the same matter use identical or very similar language, it suggests the writer did not independently compose the letter, which reduces its impact.

Format and Practical Matters

References should be addressed to ‘The Presiding Magistrate’ or ‘The Presiding Judge’ depending on the court. They should be dated, signed, and include the referee’s contact details. A brief statement at the start confirming that the referee understands the reference is being provided for court proceedings, and that they are aware of the nature of the matter, is standard practice.

References do not need to be lengthy. One to two pages of specific, thoughtful content is more effective than four pages of vague praise. Typed, not handwritten, is the standard for formal submissions.

When Should References Be Prepared?

References should be gathered and ready before the sentencing hearing. If you are working with a lawyer – as you should be in any matter serious enough to reach a sentencing stage – your lawyer will advise you on how many references to obtain, from whom, and what they should cover given the specific circumstances of your matter.

If there is any doubt about whether a proposed referee is appropriate, or whether the content of a draft reference is helpful or harmful, discuss this with your lawyer before it is submitted.

Talk to The Defenders About Your Matter

If you’ve been charged and want to know whether your charges can be withdrawn before court, contact our experienced criminal defence lawyers today for confidential advice and strong legal representation. Call us on (02) 9283 3033 or fill out our online form to get the support you need.