A character reference helps the judge form an impression that may affect the judgment of the accused.
The court doesn’t have another impression of the accused apart from him committing a criminal offence. However, your character reference for court is the only document that can tell of his awesome personality. It may even give a background as to why he acted that way.
The best character examples come from family and friends. Let’s walk you through the steps to write a good character reference for court for a family member.
What is a Character Reference for Court?
A character reference is an important tool used by criminal defense lawyers to persuade a judge or magistrate that a sentence should be lowered if you have to appear in court. A character reference is a formal letter that serves an important role in court by telling the magistrate or judge about the accused’s personal traits and character.
Before sending character references with the prosecution or a court officer, an experienced criminal lawyer should consider the numerous reasons why a character reference is important.
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Why is a Character Reference Necessary?
An accused person is obligated to appear in court for sentencing after giving a guilty plea or being found guilty. Character references are important and can influence the sentence that the magistrate or sentencing judge gives.
During the sentencing process, the defendant’s defense attorney gives written character references to both the court or judge and the prosecution.
Character references play an important part in determining the appropriate sentence at sentencing. Mitigating factors, such as the events preceding the crime, the defendant’s general character, and special circumstances, may reduce the severity of the sentence or term imposed.
What if there are exceptional circumstances
If the court finds “exceptional circumstances,” also known as special circumstances, it may consider whether family hardship can be used as a mitigating factor in establishing the appropriate punishment.
If the defendant’s sentence will cause significant hardship for the defendant’s family, the sentencing magistrate or judge may find exceptional circumstances, but this is a very high bar.
It is important that any characteristics of the defendant’s personal condition that may be relevant to determining exceptional circumstances be included in a character reference and vetted by a trained criminal attorney before being given to the prosecution or the judge.
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How is a Character Reference Used?
A character reference is used in court. The magistrate or judge will read the reference before deciding on the proper sentencing. The court’s prosecutor will also read it.
If the writer has known the accused for a long time or have worked with them frequently, the reference will be more useful.
It is also important that you – the writer have a clean record and have never had a serious run-in with the law.
How to Write a Good Character Reference for court
1. The Tone of the Character Reference
Write the character reference in a style that is both professional and true to the subject.
Do not recommend a sentence that you think the criminal should receive. The magistrate or judge will be responsible for making this decision.
2. The Contents of the Character Reference
Below are questions that the magistrate or judge usually wants to know about.
A Who are you?
Introduce yourself, explain your job, and include any qualifications you may have.
A character reference letter meant for court should state explicitly how you know about the accused. You do not need to be a well-known person in society. If you have any questions, share your reference with the accused’s criminal defense attorney. They make their living by doing these kinds of questions.
You can be:
- a family member
- an employer
- a family friend,
- a friend or associate
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B. Your relationship with the person
How well do you know the person? When did you first meet them? How often do you talk or see them? Give specifics about the person’s life, your relationship with them, and their role in your life.
Example
‘I have known James for 2 years, he is a kind person, a great friend and colleague. He has supported me during this time, and I will support him as he works through his behavior issues.’
C. Your knowledge of the person’s charges
Show your understanding of the allegations and conditions surrounding the criminal crime. It is critical to show that you understand why you are creating a character reference for Court.
Explain that you are aware of the reason behind the character reference. Although it is not necessary to go into detail regarding the offence or offenses, it is helpful to use language that is proper given the charges.
Here are some questions you can answer here;
- Has the accused explained the charges and why they are appearing in court to you?
- How do they feel about what they’ve done?
- Do they regret their actions?
- How have they proven that? Have they felt agitated or worried, for example?
- Have they sought therapy or taken other steps to change their behavior?
- Have they apologized to the victim or paid for the damage?
- Has the individual gotten punishment or endured hardship as a result of these offenses? Did they lose their jobs, for example?
- Was their image tarnished?
- Do they feel ashamed around friends and family, or in their community?
Example
‘James told me that he has been charged for assaulting someone.’ or ‘I know that James has been charged for stealing.’
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D. Your Understanding of what is going on in the Person’s life
Character references should include knowledge about the defendant’s past and life. Mention any factors that may have contributed to their offense, such as drug or alcohol usage, financial problems, or mental instability.
- What is your knowledge of the individual’s background and hardships?
- Do they have any personal worries that could have influenced their actions? For example, cash problems, mental illness, and drug or alcohol abuse.
- Are they getting any help to overcome the problem?
‘James has been experiencing depression and financial difficulties since his divorce. He is caring for his elderly mother and is worried about how this will affect her if he has to temporarily leave her.’
E. Your opinion of the individual’s moral character
Check whether this is their first crime or if they have a history of prior offenses.
- What is their image and overall personality in the community?
- What kind of person are they?
- Is this person’s crime out of character? Why do you believe it?
- Have they been guilty previously? If so, how does this change your perception of the person?
- Has the person made a beneficial addition to the community through volunteer work, outstanding performance at work or school, or participation in sports?
‘I am aware James has been in trouble with the police for similar offences. I believe he has addressed his recent actions by paying for the damage he caused. He also seems to better understand his behavioral issues since starting therapy. He is a close family friend and has been like a second father to my kids. I hope he can still be there for us.’
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F. If the Defendant has no criminal history
It is critical to state in your character reference that the person in issue is usually well-regarded and has a clean criminal record.
‘James has a good reputation in the community, and he is the last person I’d expect to hurt someone or break the law. I am aware that he has made attempts to pay for damage he caused, and he is working to address his behavior in therapy. He told me he was deeply sorry for his actions. His colleagues like him, he always follows company policies, and I hope to continue employing him.’
3. How is the Character Reference Organized?
Write the reference as you would a letter. If you have a letter heading, type it up.
4. Where to send the Reference
Give the reference to the person going to court or court clerk. Do this well before the court date. Or send it to the defendant’s lawyer. You can also call the lawyer to discuss the reference.
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Tips to Write a Good Character Reference for Court
- Write the date at the top of the reference.
- For cases being heard in the Magistrates’ Court, address the reference to ‘The Presiding Magistrate, [court location]’. For cases in the County or Supreme Court, address it to ‘The Presiding Judge’.
- Start all references with ‘Your Honour’.
- Write your full name and phone number.
- At the end, sign the reference.
Example of How to Write a hCaracter Reference for Court
Here is a template you can use to write a good character reference;
14 February 2023
The Presiding Magistrate
Court Name
Your Honour,
[Who you are]
My name is Peter John of 1 Temple Court, Abuja Park, an architect.
[Your relationship to the person charged]
I have known James Citizen of 123 Alphabet Street, South South Abuja, retail assistant, for five years. We used to work together.
[Your knowledge of the person’s charges]
I understand that James Citizen has to attend court about a theft charge. He is very upset about the charge and I believe he is sorry for what he has done.
[Your knowledge of what is going on in the person’s life]
He has been under stress due to his mother’s difficult battle with cancer. Even though he has been charged with theft I would continue to trust James with my money and belongings.
[Your opinion of the person’s character]
I can say that in all the time I have known him, James Citizen has been a decent, hardworking and trustworthy person. I believe any behavior he displayed that caused him to be charged with theft was a one-off event. He doesn’t act this way.
I am happy to discuss this reference and can be contacted on [include your phone number here].
Yours faithfully,
[Signature]
Peter John
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FAQS on How to write a Character Reference for Court
A character reference should be concise but informative. Aim for a length of around 1-2 pages.
No, you should not exaggerate the person’s positive qualities. Providing false or misleading information is unethical and could have serious consequences.
If you are aware of the person’s criminal history, you should not mention it in your reference. This information is best left to the person’s attorney.
Conclusion
If your family member, friend, needs a character reference for court, don’t hesitate to write one. All you need to know has been outlined here in detail. It is our hope that the sentence is reduced for your friend.
References
- Criminal solicitors – how to write a character reference for court template
- Legal aid – how to write a character reference for court
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