Character Reference in Victoria

A character reference is a letter written for a court hearing which details the personal character of the defendant. The character reference provides the Judge or Magistrate with the knowledge about the defendant's potential positive attributes which allows the Court to see that the defendant is an honest person and may lead to a more lenient sentence.  

Who should write the character reference?

A character reference should typically be written by someone without a criminal record and a ‘good reputation’. It is best for the person writing the character reference to have known the defendant for a long time to show to the Court that this type of offending was a one-off event.

The more referees that write compelling character references, the more beneficial it is for the defendant’s case.

How is the character reference structured?

The character reference should be written formally but still be the honest opinion of the referee clearly written in their own words. It should be addressed ‘To the Presiding Magistrate’ or ‘To the Presiding Judge’ depending on the court that the character reference will be submitted to. It should be neatly written, dated at the top, and signed with the referee’s name along with their address, phone number and occupation.

If the character reference is written on behalf of an organisation or from an employer, the name of the organisation should be included on the letterhead.

What should the character reference include?

Each reference should include where applicable:

• A brief introduction of who the referee is and their personal relationship to the defendant, such as the role they have had in their life, how long they have known each other and how frequently they interact.
• The referee should include that that they are aware of the charge against the defendant and know how the defendant wishes to plead.
• The referee’s knowledge of the Defendants personal circumstances which may have led to the offence, this can include any hardships, addictions, or mental illnesses. The referee can also include whether the Defendant is taking action to overcome these issues.
• The referee must also include whether or not it is their opinion that the offence committed by the defendant was a one-off and whether this sort offending is of the character of the defendant.

What should be excluded from the character reference?

Please do not include a recommendation to the judge about the penalty the defendant should receive. It should also not include any excuses for the defendant's behaviour when they committed the offence.

Benefits of a character reference

A character reference provides the Judge or Magistrate with an insight into the defendant’s personal characteristics and may be an influence on reducing a potential sentence. A helpful character reference will highlight the good character of the defendant, the remorse that they may feel for the offence, the good that they do for their community, and how certain circumstances beyond their control may have influenced them into committing the offence.

It is highly beneficial to the defendant if the Judge or Magistrate becomes convinced by the character references that the offence committed by the defendant was out of character.

Example Character Reference

01 April 2025

The Presiding Magistrate

Melbourne Magistrates’ Court

Your Honour,

[Brief Introduction]

My name is John Smith of [address].

[Explain the referee’s relationship to the defendant]

I have known Andrew Citizen of [address] for X [number] years and we worked together at [job description, company and location].  

[Referee’s knowledge of offences]

I am aware that Andrew Citizen has been charged with [list of offense(s)]. I believe that the Andrew is remorseful. I am aware the Andrew wishes to plead guilty/ not guilty to the offence. (It is helpful to include that you have spoken to the defendant, and they show signs of remorse and give an indication on whether they are pleading guilty or not guilty).

[Referee’s knowledge of personal circumstances]

I am aware of the [detail personal circumstances] that Andrew has been facing.

[Referee’s opinion of the defendant’s character]

I can honestly say that in the time I have known Andrew that he has been a decent and trustworthy person. I believe that the behaviour is out of character for Andrew, and I do believe that this was one-off event.

I am happy to discuss this reference and can be contacted on [phone number/email address].

Yours faithfully,

[signature]

John Smith.

For further examples and information regarding character references in Victoria please visit Victorian Legal Aid.

At Nelson Brown Legal we are specalists with the legislation and process of writing a character reference. We have the expertise and experience to represent and assist those facing a charge whereabouts it is beneficial to have to include character references. Contact us today for a confidential consultation and expert legal advice.

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