Character References for the Magistrates' Court in Victoria

What a Character Reference Can — and Cannot — Do

A character reference is material tendered after a guilty plea or finding of guilt for the sentencing exercise. It can help the court understand the person's character, responsibilities, contribution, conduct since the offence and prospects of rehabilitation through observations the referee can honestly make. It does not prove innocence, replace submissions or require the court to reduce sentence.

The magistrate considers the reference with the agreed or proven facts, criminal and traffic history, victim material, submissions and any other sentencing material. Weight is matter-specific. A detailed letter from a credible person with relevant firsthand knowledge may assist; a generic endorsement, or one inconsistent with the plea, may carry little weight or be harmful.

Character Under the Sentencing Act

Section 5 of the Sentencing Act 1991 (Vic) supplies the general sentencing purposes, principles and considerations. They include the nature and gravity of the offence, culpability, victim impact, prior character, remorse, rehabilitation and other personal circumstances. No single favourable feature determines the result.

Section 6 separately provides that, when determining character, a court may consider among other things the number, seriousness, date, relevance and nature of previous findings of guilt or convictions, the offender's general reputation and significant contributions to the community. A clean record, good character, remorse, insight and rehabilitation are distinct ideas. A referee should describe what they know rather than merge them into a conclusion that the person is simply “of good character”.

Child Sexual Offences: the Section 5AA Limitation

Section 5AA creates a specific limit. When sentencing an adult for a “child sexual offence”, the court must not have regard to previous good character or the absence of previous findings of guilt or convictions if satisfied that the factor assisted the offender in committing the offence. For this section, a child sexual offence means a sexual offence within section 3 of the Criminal Procedure Act 2009 (Vic), other than an intimate image offence, committed in relation to a person under 18. The limitation does not apply where the offender was under 18 when the offence was committed.

The statutory question is not answered by describing such references as requiring only “particular care”. The lawyer must consider whether s 5AA excludes reliance on the claimed character factor and what other material, if any, is relevant to sentence. This article does not address the wider law governing sexual offences.

Sentencing Material Is Not Automatic Proof

Tendering a letter does not automatically establish every fact it asserts. Section 4 of the Evidence Act 2008 (Vic) recognises that sentencing is not conducted in exactly the same way as a contested trial: the Act applies to sentencing if the court directs that it apply, including to proof of a specified fact. The court must make an appropriate direction on a party's application where the fact is or will be significant to sentence, and may do so in the interests of justice.

If an important favourable assertion is disputed or requires proof, a solicitor may need admissible supporting documents or oral evidence rather than relying on the letter alone. The lawyer should decide the proper form, taking account of the significance of the fact, the prosecution's position and Victorian sentencing principles. A referee should therefore avoid presenting assumptions, reported information or clinical opinions as personally established facts.

Choosing the Right Referee

Choose for relevant knowledge and credibility, not title alone. Potential sources include:

• An ordinary character referee who can describe the relationship and firsthand observations over time.
• A treating practitioner who may provide a factual treatment letter grounded in records and the professional relationship, while remaining within expertise and confidentiality obligations.
• An independent expert whose psychological or psychiatric report answers properly framed questions and complies with professional duties.
• An employer who can verify duties, conduct at work and genuine employment consequences within personal knowledge.
• A witness to disputed events, whose evidence has a different purpose and should be managed by the lawyer rather than placed in a plea reference.

A referee's independence, credibility, knowledge and any relevant history may affect weight. It is not a universal statutory rule that every referee must have a spotless record, but anything that could materially affect credibility should be raised with the lawyer. Family members and close friends are not disqualified; their relationship is simply part of the context in which the court assesses the letter.

Accurate Knowledge of the Plea Facts

On a plea, the referee should understand an accurate summary of what the person is being sentenced for and acknowledge that knowledge. The accused's lawyer should decide what summary is supplied. A referee does not necessarily need the police brief, victim material or other confidential documents, and those materials should not be circulated unnecessarily.

The reference must not contradict the agreed or proven factual basis, minimise conduct or advance a competing account. If guilt has not been resolved, an appeal is contemplated or a factual issue remains disputed, avoid categorical references to “the offending”; the lawyer must control the form and timing of any material so that it does not prejudice the case or conflict with the position advanced.

What to Include — and What to Leave Out

A useful letter ordinarily covers:

• the referee's full name, occupation or role, suitable contact details, and the length and context of the relationship;
• confirmation that the referee understands the accurate plea facts provided by the lawyer and knows the letter may be relied on at sentence;
• specific examples of reliability, responsibility, caring obligations, community contribution or conduct over time;
• firsthand changes observed since the conduct, with dates or context where useful; and
• a clear distinction between what the referee observed and what the accused reported.

Do not argue the law, dispute the plea facts, blame a victim, attack police or the prosecution, recommend a sentence, speculate or exaggerate. Avoid formulaic praise and irrelevant sensitive information. A referee should write in their own voice. A lawyer may suggest corrections or topics, but the final letter must remain the referee's honest account.

Remorse, Insight and Rehabilitation

These concepts are not synonyms for character. A referee is most useful when describing what was said or done, treatment or programs actually undertaken, practical changes observed over time, and restitution, apology or other steps where lawfully and appropriately relevant. The letter should identify whether an account came from the accused or from the referee's own observation.

A bare declaration that the accused is “remorseful”, “insightful” or “rehabilitated” adds little without its factual basis. A referee must not offer a diagnosis, risk assessment or clinical opinion without the relevant expertise. Treatment attendance can be confirmed by a practitioner's factual letter; a clinical opinion or expert assessment should be obtained and presented in the appropriate form.

Employment and Licence Consequences

An employer can establish genuine duties and likely consequences within firsthand knowledge: for example, that a role requires lawful driving, professional registration or attendance at particular locations. Supporting records may be needed if the consequence is important and disputed. Loss of employment or licence is not automatically mitigating and should not be exaggerated or framed as a threat to the court.

A reference cannot authorise a magistrate to disregard a mandatory licence cancellation, disqualification, minimum period or other statutory consequence. Obtain offence-specific advice before asserting that a particular outcome is available. Detailed rules remain in our guides to drink driving, drug driving and driving while suspended or disqualified.

Providing, Tendering and Access to the Reference

Give a draft to the accused's lawyer well before the hearing. It should be checked for accuracy, relevance and consistency with the plea, then supplied to the prosecution and tendered according to the court's directions and the practice for that venue. “Filed” is not ordinarily the right description unless a particular direction or process requires filing. There is no stable universal rule that every electronic signature or scanned copy will be accepted, so format and delivery should be confirmed for the hearing.

No promise of confidentiality should be made. The letter is ordinarily seen by the prosecution and court, may be mentioned in open court and may form part of the court record or exhibits. Wider access is governed by applicable law, court practice and any suppression or restricted-access order. Exclude unnecessary home addresses, medical details, third-party information and other material that does not assist sentence.

A magistrate does not casually telephone a referee to test the letter. If authenticity or a material assertion is disputed, the referee may in an appropriate case be required through the proper court process to attend, give evidence or answer questions. Deliberate falsehoods can destroy the letter's value, damage the plea and attract adverse observations; deliberately trying to mislead a court can have serious legal consequences depending on the conduct. That does not mean every inaccuracy in an unsworn letter is perjury or automatically a separate offence.

An Illustrative Structure — Not a Template

The order below is a drafting aid, not a fill-in-the-blanks form. Near-identical letters can appear coordinated and lose the personal detail that gives a reference value.

1. Place the date and the referee's name, role and suitable contact details at the top; use letterhead only when genuinely writing in a professional or organisational capacity.
2. Address the letter to “The Presiding Magistrate, [court location]”.
3. Begin “Your Honour”.
4. Identify the person, explain how long and in what context the referee has known them, and confirm awareness of the accurate plea facts supplied.
5. Give a small number of specific firsthand observations relevant to the plea, clearly separating observed matters from anything reported by the accused.
6. Close without recommending a sentence, then sign and date the letter.

Victoria Legal Aid's current guidance uses this broad addressing and salutation approach. Stylistic choices such as length, font and paragraph count are not rigid legal requirements. The lawyer should confirm what suits the particular venue and case.

Before Asking Someone to Write a Reference

1. Obtain advice about the plea and the purpose the reference may serve.
2. Choose a referee with relevant firsthand knowledge.
3. Provide only the accurate information approved by the lawyer.
4. Allow enough time for drafting, checking and legal review.
5. Do not circulate confidential police, victim or medical material unnecessarily.
6. Do not promise the referee confidentiality.
7. Do not ask the referee to recommend a sentence.
8. Give the draft to the lawyer before it is signed or tendered.

Preparing the Whole Plea

Collecting references is only one part of plea preparation. Depending on the matter, the lawyer may need to confirm the charges and factual basis, check criminal and traffic history, identify sentencing and licence provisions, obtain treatment, program, employment or financial material, resolve disputed facts, decide whether each reference assists, and ensure no document contradicts the mitigation advanced.

Diversion is a separate process. Under section 59 of the Criminal Procedure Act 2009 (Vic), it ordinarily occurs without a plea or finding of guilt and is not sentencing. A support letter for diversion may have a different purpose and content. See our diversion eligibility guide for that regime.

Related Reading

• Going to the Magistrates' Court for a criminal or traffic matter — the broader pathway from charge to sentence.
• What to do at a police interview — rights and practical steps before the court stage.
• Diversion eligibility in Victoria — the separate pre-plea process and statutory criteria.
• Drink-driving charges in Victoria and drug-driving charges in Victoria — offence-specific penalties and mandatory licence consequences.
• Driving while suspended or disqualified — offence elements, procedure and licence consequences.

Frequently Asked Questions

Official Sources

• Sentencing Act 1991 (Vic) — authorised current version, especially ss 5, 5AA and 6.
• Evidence Act 2008 (Vic) — authorised current version, especially s 4.
• Criminal Procedure Act 2009 (Vic) — authorised current version, including the relevant definition and diversion provisions.
• Magistrates' Court of Victoria — Character references.
• Victoria Legal Aid — Going to court: writing a character reference, updated 20 February 2026.
• Judicial College of Victoria — Victorian Sentencing Manual.
• Judicial College of Victoria — Evidence resources.

How Parke Lawyers Can Help

Parke Lawyers can advise on plea preparation, the factual basis and offence-specific consequences; identify useful supporting material; review proposed references for accuracy and consistency; address treatment, employment and licence evidence; resolve disputed sentencing facts; and prepare the material for tender. A reference is only one part of the case, and no particular sentence can be promised.