Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Going to court – writing a character reference

Find out what a character reference is, and how to write one for someone who's going to court for breaking the law.

On this page

A character reference is a letter to the court that includes a referee's opinion of a person who has broken the law and must appear at court. You can read more these and other criminal law matters on the Magistrate's Court of Victoria website.

How is the character reference used?

Once a character reference is submitted to the court, the magistrate or judge will read the reference before deciding what penalty to give. The prosecutor in court will also read the reference.

The reference is most helpful if the referee has known the person for a long time, or have had a lot of contact with them. However if it is for a shorter amount of time, that is ok too.

It is important that the referee is of good character and has not been in serious trouble with the police before.

What should be included in the reference?

The tone of the reference

The character reference should be written in a formal tone, but should speak honestly about the person.

It should not say what penalty the referee thinks the person should get. This is for the magistrate or judge to decide.

The contents of the reference

Below are questions that the magistrate or judge usually wants to know about. It is not important to answer every question in the reference. The referee should only comment on things they actually know about the person. It is important to tell the truth.

The referee can mention their:

Personal details

The referee should introduce themselves, say what their your job is, and any qualifications they hold.

Relationship to the person charged

How does the referee know the person? How long have they known them? How often do they see or call them?

Knowledge of the person’s charges

  • Has the person charged talked with the referee about the charges and why they are going to court?
  • How does the person charged feel about what they have done?
  • Is the person sorry for what they did? and How have they shown that? For example, have they been distressed or upset?
  • Has the person charged gone to counselling or done anything to change their behaviour?
  • Has the person charged paid for any damage or said sorry to the victim?
  • Has the person charged suffered any hardship or punishment because of these offences? For example, did they lose their job?
  • Did the person charged have their reputation damaged?
  • Does the person charged feel disgraced in their community or among their family and friends?

Knowledge of what is going on in the person’s life

  • What does the referee know about the person’s background and any hardship in their life?
  • Are there any personal problems that may have played a part in what they did? For example, drug or alcohol use, financial issues, mental illness.
  • Are they getting any help to overcome these problems?

Opinion of the person’s character

  • What is the person's general character and reputation in the community – what sort of person are they?
  • Is it out of character that this person committed the offence? Why do you think this?
  • Does the person have prior convictions? If so, does this affect your opinion of the person?
  • Has the person contributed to their community by doing voluntary work, or had special achievements in their job or schooling, or sporting activities?

How to write the reference

Write the reference like a letter. Type it up and put it on a letterhead if you have one.

Tips

  • The date at the top of the reference.
  • For cases being heard in the Magistrates’ Court, the reference should be addressed to ‘The Presiding Magistrate, [court location]’. For cases in the County or Supreme Court, address it to ‘The Presiding Judge’.
  • All references should start with ‘Your Honour’.
  • The referee should include their full name and phone number.

Important: Make sure the referee signs the reference at the end.

Where to send the reference

The referee should give the reference to the person going to court well before the court date.

They can also send it to the person's lawyer, or call the lawyer to discuss the reference.

Example character reference

14 February 2026

The Presiding Magistrate
Melbourne Magistrates’ Court

Your Honour,

[Who you are]

My name is Peter Johnson of 1 Temple Court, Keilor Park, architect.

[Your relationship to the person charged]

I have known Jane Citizen of 123 Alphabet Street, South Melbourne, retail assistant, for five years. We used to work together.

[Your knowledge of the person’s charges]

I understand that Jane Citizen has to attend court about a theft charge. She is very upset about the charge and I believe she is sorry for what she has done.

[Your knowledge of what is going on in the person’s life]

She has been under stress due to her mother’s difficult battle with cancer. Even though she has been charged with theft I would continue to trust Jane with my money and belongings.

[Your opinion of the person’s character]

I can say that in all the time I have known her, Jane Citizen has been a decent, hardworking and trustworthy person. I believe any behaviour she displayed that caused her to be charged with theft was a one-off event.

I am happy to discuss this reference and can be contacted on [include your phone number here].

Yours faithfully,
[Signature]
Peter Johnson

I need legal information about

Updated

Back to top
Legal Help Chat