If you are due to appear before a Court for sentencing, your lawyer will likely ask you to obtain character references. 

Character references help the Court understand who you are beyond the offence itself. They provide important insight into your background, personal circumstances, and character, allowing the sentencing Judge or Magistrate to see a more complete picture of you as a person.

Why Are Character References Important? 

When a Court sentences an offender, it receives a limited amount of information. This often includes the Court Attendance Notice, the Police Facts Sheet, and the person's criminal record. Even where a person has no prior criminal history, a document confirming this is usually tendered to the Court. 

While these documents provide information about the offence, they do not explain who you are, how you have contributed to your community, what led to the offending, or what steps you have taken since. 

Character references help fill that gap. 

A well-prepared character reference can provide valuable information about: 

  • Your personal qualities and reputation; 
  • Your employment, education, family responsibilities, or community involvement; 
  • Whether the offence is out of character; 
  • Your level of remorse and insight into the offending; 
  • The impact the proceedings have had on you; and 
  • The referee's opinion about your prospects of rehabilitation and likelihood of reoffending. 

Strong character references can assist the Court in assessing your overall character and personal circumstances, which are relevant considerations during sentencing. 

Can a Referee Be Required to Attend Court? 

In more serious matters, particularly those being dealt with in the District Court or higher courts, the prosecution may require the author of a character reference to attend Court and give evidence. 

This allows the prosecution to verify that the referee prepared the reference, understands its contents, and genuinely holds the views expressed within it. 

It is relatively uncommon for character referees to be called to give evidence in Local Court sentencing proceedings. 

How to Prepare a Character Reference

There are several important matters that should be included in every character reference. 

The author should state: 

  1. That they are aware of the specific offence before the Court; 
  2. Whether you are pleading guilty or have been found guilty; 
  3. The nature of their relationship with you; 
  4. How long they have known you; 
  5. What you have told them about the offending and your attitude towards it; 
  6. That they understand the reference will be provided to the Court; 
  7. Their opinion of your character; 
  8. Their opinion about your prospects of rehabilitation and likelihood of reoffending; and 
  9. Whether they are aware of any prior criminal history. 

Formatting Requirements 

Character references should: 

  • Be addressed to the Presiding Magistrate or Presiding Judge of the relevant Court; 
  • Be dated; 
  • Include the referee's full name and signature; and 
  • Be written in the referee's own words. 

Example Character Reference Format

22 June 2026

To the Presiding Judge

Parramatta Local Court

Dear Your Honour,

RE:        John Smith

[INSERT REFERENCE MATERIAL]

Kind Regards,

James Smyth

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