Writing a character reference O Victoria Legal Aid This fact sheet explains how to write a character reference, ‘You may have been given this fact sheet by someone who is going to court because they broke the law. They may want you to write a character reference for them. What is a character reference? A character reference is a letter that includes your opinion of this person. It tells the court what the person is like. How is the character reference used? ‘The magistrate or judge will read the reference before deciding what penalty to give. The prosecutor in court will also read the reference. ‘The reference will be more helpful if you have known the person for a long time or have had a lot of contact with them, What should I include in the reference? The tone of the reference Write the reference so itis formal but speaks honestly about the person. Do not say what penalty you think the person should get. This is for the magistrate or judge to decide. The contents of the reference Below are things the magistrate or judge usually wants to know about, You do not have to include all this in your reference. Only comment on things you actually know about the person. It is important to tell the truth. Who you are * Introduce yourself, say what your job is and include any {qualifications you hold Your relationship with the person ‘+ How do you know the person? How long have you known them? How often do you see or call them? Your knowledge of their oarges * Has the person talke with you about the charges and why they are going to cour’? ‘+ How do they feel about what they have done? For ‘example, they are sorry or distressed. ‘+ Have they gone to counselling or done anything to change their behaviour? ‘+ Has the person suffered any hardship or punishment because of these offences? For example, did they lose their job? Was their reputation damaged? March 2019 ‘Your knowledge of their life ‘+ What do you know of the person's background and any hardship in their life? ‘+ Are there any health or personal problems that may have played a part in what they did? For example, drug or alcohol use, financial issues or mental illness. ‘Are they getting any help to overcome these problems? ‘Your opinion of their character ‘+ What sort of person are they? ‘+ Is itout of character that this person committed an ‘offence? Why do you think this? ‘+ Do they have prior convictions? If so, does this affect your opinion of the person? ‘+ Has this person contributed to the community by doing voluntary work, doing well in their job or schooling, or sporting activities? How do | lay out the reference? We have an example of a reference on the next page. ‘Try to do the following: + Type itup. * Use a letterhead, if you have one. + Put the date at the top of the reference. ‘+ For cases being heard in the Magistrates’ Court, address the reference to ‘The Presiding Magistrate’. For cases in the County or Supreme Court, address it to ‘The Presiding Judge’ ‘Start all references with ‘Your Honour. ‘Include your full name and phone number. ‘Sign the reference at the end. Where do I send the reference? Give the reference to the person going to court. Do this well before the court date, You can also send it to their lawyer, if they have one. Their lawyer might call you to check the details in your reference. What do these words mean? We explain what the bold words mean in the ‘Legal words’ ‘section of our website www.legalaid.vic.gov.au.