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If a person charged with a criminal offence is facing a hearing or a sentencing hearing, they may ask you to complete a character reference for them.
If you wish to learn more about how character references work in criminal proceedings, this quick guide is for you. Let’s begin!
You’re aware of character references in the career world, and the theory of a character reference in court is the same. It’s a letter written about the defendant, particularly by people who know them well. This is then analysed by the court, mainly used to gain insight on what kind of person the accused may be. Considered against their offences, the court tries to determine what the person’s normal behaviour is and whether the offending is out of character or not consistent with their character.
A character reference should be written by a person who has known the defendant for many years, such as a work colleague, friend, family member, or anyone else they have an established relationship with. It never hurts for them to be a person of high standing in the community.
If you have been asked to write a character reference, it’s paramount that you get the details right. This will be reviewed by the court, after all, which plays a crucial role in the potential acquittal or reduction of sentence for the person you are writing the reference for. Here’s what needs to be written:
Who are you? Make sure to include your full name and occupation, followed by your date of birth and other necessary details. You must prove that you are indeed a living, breathing person, especially since letters can easily be forged.
How are you related to the defendant? Is the person a family member, friend, work colleague, or mentor? Talk about how long you’ve known each other, as well as your frequency of contact. You must establish that you are qualified to make a statement about the defendant. Letting the court know that you indeed know the person will help give your character reference more weight.
Seeing as you will be in effect testifying in a court of law, you must also state that you are aware of the charges faced by the defendant. The court needs to know that you are fully vouching for and supporting the defendant, despite knowing what they may have done.
This part can be rather tricky, but you need to describe how the charges have affected the person in question’s behaviour. Do they display remorse, having attended counselling and other possible ways to make amends? What has been the impact of them facing the charges—did they lose their jobs or have their reputation tainted?
You must also talk about their current life. If they committed the offence due to personal problems, making sure to describe it accurately. Reasons could include losing a job, struggling with mental health issues, and even going through a divorce.
This part will be rather challenging to accomplish, but this the most critical part of the entire character reference. Paint a picture of the person’s nature and demonstrate how you know them—let the court know that the behaviour is out of character and describe why you say it is out of character for them.
Learning about a possible offence committed by a close friend or family can be shocking, but understand that they are given a chance to defend or explain themselves. Your character reference may be their ticket to gaining a second chance, so it is essential to give it the utmost priority and ensure the details are accurate. If possible, seek advice from a professional such as the person’s lawyer.
Need a lawyer for a criminal matter? Why not work with Andrew Byrnes Law Group, who are amongst the best criminal lawyers in Canberra? As a team passionate about achieving justice, we’ll handle your case with passion, skill, confidence, and expertise. Results-oriented and equipped with forward-thinking strategies, our team of lawyers are ready to help. Book a free consultation today.
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We can provide support for anything related to Criminal Law or Civil and Commercial Law. We offer free, tailored individual advice based on your circumstances.
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