Character References for the Magistrates' Court in Victoria

How the Court Uses Character References

On a plea of guilty, or after a finding of guilt, the Court is deciding sentence. The Sentencing Act 1991 (Vic) — in particular the matters set out in section 5 — directs the Magistrate to have regard to a range of considerations, including the nature and gravity of the offending, the offender's culpability, the personal circumstances and any injury, loss or damage. Character, remorse, insight and prospects of rehabilitation are relevant, but their weight depends on the offence, the circumstances and the whole of the sentencing material.

A character reference is one source of evidence the Court can use to test what is said about the person in the plea. It does not decide guilt, and it does not require the Court to reach any particular result. The weight the Magistrate gives a reference will depend on who wrote it, how well the referee knows the accused, what firsthand observations the reference contains, and whether it is consistent with the rest of the sentencing material.

Plea Reference vs Evidence at a Contested Hearing

A plea-style character reference is used on sentencing. It is not evidence about whether the accused did what is alleged. If a matter is contested — or if a person may be a witness to what happened — they should not be asked to write a plea reference or to discuss disputed facts with the accused. Witness evidence is dealt with separately, under the Criminal Procedure Act 2009 (Vic) and the Evidence Act 2008 (Vic), on the lawyer's advice.

Character material assembled for a guilty plea is also distinct from an expert report (for example a psychological or medical report), a workplace performance reference or a professional recommendation. Each has its own use, and they should not be conflated.

Who Is Well Placed to Write a Reference

The most useful referees are people who know the accused in a way that lets them speak from firsthand observation about matters that are relevant to sentencing:

• an employer, manager or long-standing colleague who can speak to work history, responsibility and reliability;
• a sporting coach, community or faith leader, or volunteer coordinator who can speak to contribution and standing;
• a treating clinician who is prepared to write within the scope of their professional role and knowledge (typically as part of, or alongside, a formal report the lawyer will arrange);
• long-standing friends who have observed the accused across a meaningful period, particularly through the events leading up to the charges;
• family members, whose observations can be important on impact and rehabilitation, keeping in mind the Court understands the closeness of the relationship.

There is no fixed number of references that should be tendered. A small number of carefully drafted references from meaningfully different contexts is usually more useful than a large bundle of near-identical letters.

Being Honest About the Charges

A reference should make clear that the referee has been informed of what the accused is being sentenced for, in enough detail for their opinion to be meaningful. A formulaic statement that the referee is "aware of the charges" — followed by a reference that contradicts, minimises or excuses the agreed or proven facts — is likely to be given little weight, and can undermine the plea. The accused's lawyer should provide each referee with an accurate summary before the reference is drafted.

What a Useful Reference Contains

• Identification of the referee — full name, occupation or role, relationship to the accused, how long and in what capacity they have known them, and how they can be contacted.
• Acknowledgement of the offending — an honest statement that the referee has been informed of the charges and understands their nature.
• Firsthand observations — concrete, specific examples relevant to sentencing: responsibility at work, community contribution, care of dependants, engagement with treatment, observed change or insight.
• A clear distinction between what the referee has personally observed and what they have been told by the accused.
• A signature and date close to the hearing, on letterhead where appropriate.

What to Avoid

Where the accused is being sentenced after a guilty plea or a finding of guilt, a character reference must not maintain that the accused is innocent, deny the agreed or proven offending, or advance a factual account inconsistent with the basis on which the Court is sentencing. If guilt remains contested or an appeal is contemplated, the form and timing of any character material must be settled with the accused's lawyer.

• Do not argue the law or the facts. The reference is not a submission. Legal argument is a matter for the lawyer.
• Do not dispute agreed or proven facts, blame the victim or attack the police or prosecution. On a guilty plea this reads as lack of insight and can be treated as adverse to the accused.
• Do not promise or request a particular sentence. The Magistrate decides the outcome.
• Do not exaggerate. Statements the Court can test against common sense or the accused's record undermine every other reference in the bundle.
• Do not write in the accused's voice. A reference that reads as though it was drafted by the accused and signed by the referee carries little weight.
• Do not include irrelevant sensitive information about the accused, the complainant or third parties.

Particular Care in Sensitive Matters

Some offence categories require particular care in the way character material is drafted — including family violence, sexual offending, dishonesty offences, driving and traffic matters, drug matters and offending connected to occupation or position. In these matters referees should be especially careful not to minimise the offending, not to reflect adversely on complainants, and not to suggest that a respected job, family role or standing in the community entitles the accused to a different outcome. The lawyer will guide referees on what is appropriate to include and what to leave out.

Remorse, Insight and Rehabilitation

Where a reference speaks to remorse, insight or steps taken toward rehabilitation, it is more useful if the referee separates what they have themselves observed from what the accused has told them. Where a course, treatment or program is mentioned, it should be described accurately. Formal evidence of treatment attendance or program completion, and any clinical assessment, are usually addressed through material the accused's lawyer arranges rather than the character reference itself.

Prior History

A referee should not be asked to conceal, speculate about or unnecessarily recite the accused's history. Whether, and how, prior history is addressed is a matter for the lawyer's judgment as part of the plea. A reference that asserts the offending is "out of character" should only be made if the referee honestly believes it, with knowledge of any relevant history the lawyer has disclosed.

Employment and Licence Consequences

A referee who has direct knowledge of the accused's work can describe the role, responsibilities and any consequences a sentence or licence outcome would realistically have. The reference should stay within what the referee actually knows. It should not speculate, threaten consequences or promise that a particular outcome will automatically follow. Personal deprivation arising from a sentence is a matter the Court may consider, but it is one factor among many and does not control the result.

Addressing, Format and Length

References are commonly addressed to "The Presiding Magistrate" at the relevant Magistrates' Court venue, and are dated close to the hearing. Salutation and formatting conventions vary between venues and matters, and are not fixed by law — the accused's lawyer will confirm the form that is appropriate. Letterhead is helpful where the referee writes in a professional or organisational capacity. Referees should aim for clarity and honesty; rigid rules about number of pages, font size or word count should not be treated as legal requirements.

Filing, Confidentiality and Being Contacted

The accused's lawyer usually collects, reviews and tenders the references according to the Court's directions and the practice of the venue. Material tendered to the Court is not confidential — the prosecution can see it, it may be referred to on the record, and the Magistrate may ask questions about it. In appropriate cases a referee could be contacted or required to attend. Referees should be told this before they sign. Electronic signatures and scanned copies are commonly accepted, but the lawyer will confirm what is appropriate for the hearing.

False or Misleading References

A character reference is a document placed before a Court. A reference that is knowingly false or misleading, or that has been drafted for the referee and signed without independent thought, can seriously damage credibility, harm the plea and be adversely commented on by the Magistrate. Depending on the circumstances there can be further consequences. This is a reason for referees to write in their own words about matters they genuinely know, and to raise any uncertainty with the accused's lawyer before signing.

An Illustrative Structure

The following is a general, illustrative structure only. It is not a template to be copied with invented content, and it is not a legal requirement. Every reference should be written in the referee's own words, about matters they genuinely know.

1. Referee's name, occupation or role, and contact details, on letterhead where appropriate.
2. Addressed to "The Presiding Magistrate" at the relevant venue, dated close to the hearing.
3. A short introduction stating that the referee is writing in relation to the accused, is aware of the charges and their nature, and understands the reference will be placed before the Court.
4. How the referee knows the accused, for how long and in what capacity.
5. Firsthand observations relevant to sentencing — with the source of each observation clear.
6. A short closing paragraph, without any request for a particular sentence.
7. Signature and date.

Common Contexts Where References Are Considered

• drink driving and drug driving matters — see our companion drink driving and drug driving guides;
• driving while suspended or disqualified — see our suspended driving guide;
• diversion applications — see our diversion eligibility guide;
• drone-related infringements — see our drone fines guide;
• summary offences dealt with in the Magistrates' Court.

Related Guides

See going to the Magistrates' Court for a criminal or traffic matter and what to do at a police interview.

Frequently Asked Questions