When providing a character reference for someone in the Local Court, it is important not to fall into the trap of writing a job reference. RMB Criminal Lawyer KELLI ROBINSON offers these tips on providing an appropriate character reference:
1. The character reference should not be written by a family member or someone with a criminal record.
Consider using an employer, colleague, sports coach, teacher, mentor, neighbour or family friend as your referee.
2. Referees should explain their relationship with the person before the Court.
Referees should provide the Judge with a quick summary of how they know the person before the Court, including where they met and how long they’ve known each other; to give the Judge an idea of how well the referee knows the person’s character.
3. Acknowledge the offence that is before the Court.
Having the referee acknowledge what the offence is indicates that the person before the court and the referee have discussed the matter. It can also be an opportunity for the referee to detail whether the person before the Court expressed remorse.
4. Acknowledge the person is of good character but also acknowledge that they have also done something wrong.
Often referees get caught up in explaining how good the person is before the Court and while this may be the case, clearly a lapse in judgement has led them to being guilty to an offence. Therefore, it is important to acknowledge this and elaborate on whether their behaviour is out of character or not.
5. Do not tell the Judge what he or she should do.
Referees often try to tell the Judge what they should do, for example: “Give them their licence back”. This is not the referee’s role and can often get a Judge offside.
6. Keep it short.
The Judge does not have the time to read lengthy references. Keep it to one page if possible.
7. Explain the impact the offence has had on the person’s life.
If the matter includes, for example, a driver’s licence suspension, detail how the loss of licence has impacted the person’s life (driving to and from work, taking children to school, grocery shopping etc) and how they have been managing to get around in the meantime.
8. Get the formatting right.
Ensure the reference is either typed or written neatly. It should include the date of writing, the referee’s contact details and signature.
By following these guidelines, a well-prepared character reference can assist the everyone involved.