Information Centre · Criminal & Traffic Law
Character References for the Magistrates' Court in Victoria
A character reference is a short written statement placed before the Magistrate on a plea to give the Court a fuller picture of the accused for sentencing purposes. This practical Victorian guide covers what a useful reference contains, what to avoid, who should write one, how the Court uses references on a plea and how to draft references that carry weight. For the broader Magistrates' Court process, see our companion going to the Magistrates' Court guide.
Key points
- A character reference is a written statement — usually by an employer, community leader, family member or professional — placed before the Magistrate on a plea to give the Court a fuller picture of the accused for the purposes of sentencing under section 5 of the Sentencing Act 1991 (Vic).
- A useful reference is dated, addressed to 'The Presiding Magistrate', acknowledges that the referee is aware of the charges and their nature, states how long and in what capacity the referee has known the accused, and gives specific examples of the accused's character, contribution and remorse.
- References must not attempt to argue the law, minimise the offending, blame the victim, promise a particular sentence, or claim knowledge the referee does not have — magistrates give little weight to references that read as advocacy rather than genuine character evidence.
- The best references come from people who have known the accused for a meaningful period, in a context that matters (employment, sport, community volunteering, faith community, treating clinician) and who are willing to identify themselves and their qualifications or role in writing.
- For traffic, licence and low-range criminal matters, well-drafted references — combined with evidence of insight, counselling or programs completed — can materially support submissions on penalty, licence disqualification period and (where eligible) diversion, but they are one factor among many under section 5(2).
- Practical drafting: keep the reference to one page, single-sided, signed and dated; do not exchange references between multiple accused; and provide the original to the accused's lawyer well before the hearing so it can be tendered in an orderly plea in mitigation.
How the Court Uses Character References
On a plea of guilty (or after a finding of guilt), the Court is deciding the appropriate sentence. Section 5(2) of the Sentencing Act 1991 (Vic) requires the Court to take into account a range of factors including the offender's character, prior convictions, remorse, age, circumstances and the effect of the sentence on the offender's family and dependants. Character references are one source of evidence about character, community standing, remorse and rehabilitation.
The Magistrate weighs the references — they do not dictate a particular outcome. A well-supported plea with two or three thoughtful references from meaningfully different contexts is usually more useful than a bundle of ten near-identical references.
What Makes a Reference Useful
- the referee has known the accused for a meaningful period, in a context that matters (employment, community, sport, treatment);
- the referee acknowledges — in the reference itself — that they are aware of the charges and their nature;
- the reference gives specific examples of the accused's character, contribution and remorse;
- the referee is willing to identify themselves and their qualifications in writing;
- the reference is dated, signed and, where relevant, on letterhead;
- the reference is one page and easy to absorb.
What to Avoid
- Do not argue the law. The reference is not a submission — leave the law to the lawyer.
- Do not minimise the offending or blame the victim. The Court reads this as lack of insight and treats the reference as adverse.
- Do not promise a particular sentence. The Magistrate — not the referee — 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 appears to have been drafted by the accused and signed by the referee carries almost no weight.
- Do not attach evidence. References are character evidence — expert reports, treatment records and other supporting documents go in through separate channels arranged by the accused's lawyer.
A Practical Structure
A workable structure for a one-page reference:
- Referee's name, occupation, contact details, on letterhead if available.
- Addressed to "The Presiding Magistrate".
- "I am writing this reference on behalf of [accused's full name] in connection with the charges of [general description]. I am aware of the nature of the charges."
- How the referee knows the accused, for how long and in what capacity.
- Two or three specific examples of the accused's character, contribution or remorse.
- Any observations of the impact of these events on the accused and any steps taken (counselling, treatment, community work).
- A short closing statement (not a request for a particular sentence).
- Signature and date.
Getting the Reference to Court
The accused's lawyer collates the references, reviews them, arranges any tender bundle and tenders the references at the plea. Original signed copies are preferred. In some Court settings, references may be emailed to the lawyer's file and printed for Court.
Common Contexts Where References Help
- drink driving and drug driving matters — see our companion drink driving and drug driving guides;
- driving while suspended / 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
What is a character reference and what does it do?
A character reference is a written statement — usually by an employer, community leader, family member, colleague or treating professional — placed before the Magistrate on a plea in mitigation. It gives the Court a fuller picture of the accused for the purposes of sentencing under section 5 of the Sentencing Act 1991 (Vic). It is not a defence to the charge and does not affect whether the accused is guilty; it goes to penalty.
Who should I ask to write a character reference?
The most useful references come from people who have known the accused for a meaningful period, in a context that matters, and who are willing to identify themselves and their qualifications in writing. Common referees include employers, sporting coaches, community and faith leaders, treating clinicians (particularly for matters involving alcohol, drugs or mental health) and long-standing friends. Family members can write references but generally carry less weight than independent third-party referees.
What should the reference include?
A good reference is dated, addressed to 'The Presiding Magistrate', identifies the referee (full name, occupation, address, contact details), acknowledges the referee is aware of the charges and their nature, states how long and in what capacity the referee has known the accused, gives specific examples of the accused's character, contribution, remorse and rehabilitation, and is signed. Specific examples are more persuasive than general statements — 'John has coached under-12 soccer at our club for five years' beats 'John is a good person'.
What should the reference avoid?
References must not attempt to argue the law, minimise the offending, blame the victim, criticise the police, promise a particular sentence, or claim knowledge the referee does not have. References that read as advocacy for a particular outcome, or that appear to have been drafted by the accused, carry little weight. A reference that says 'this is out of character and John should not be convicted' is worse than useless — the Magistrate decides the outcome, not the referee.
Does the referee have to know about the charges?
Yes. It is essential that the referee acknowledges — in the reference itself — that they are aware of the charges the accused faces and their nature. A reference that does not disclose this is materially undermined; the Magistrate will infer that the referee's opinion might change if they knew the truth. The accused's lawyer should provide each referee with a plain-English summary of the charges before the reference is drafted.
How should the reference be formatted?
One page, single-sided, on letterhead where the referee has a professional or business role. Dated within the last 30 days before the hearing. Signed in ink (not typed). Delivered to the accused's lawyer well before the hearing, with the original brought to Court on the day. No emojis, no cross-outs, no photographs. The Magistrate is reading many references — a clean, single-page reference is easier to absorb than three pages of narrative.
How many character references should I have?
There is no fixed number. For a summary offence or a low-range traffic matter, one to three well-drafted references from meaningfully different contexts (employer + community + treating clinician) is usually more effective than five generic references. For serious matters, or where the accused is well-established, more references may be appropriate. The quality and independence of the referees matters more than the number.
Do character references help with a plea of guilty?
Yes — character references are most commonly used on a plea of guilty (or after a finding of guilt), where the Court is deciding penalty. On a plea of not guilty, references are not admissible on the question of guilt and are only relevant after conviction on the question of penalty. For all serious matters, the accused's lawyer will consider tendering character references as part of the plea in mitigation.
Do character references help with diversion?
Yes, in appropriate matters — a diversion application under section 59 of the Criminal Procedure Act 2009 (Vic) can be materially supported by evidence of good character, remorse and steps taken. See our companion diversion eligibility guide for more detail on when diversion is available.
Can I get in trouble for writing a false reference?
Yes. A character reference is a document tendered to the Court and the referee may be called to give evidence to prove it. A reference that contains false statements, or that has been drafted by the accused and signed by the referee without genuine independent thought, can attract Court criticism and — in extreme cases — a charge of perverting the course of justice. Referees should write in their own words about matters they genuinely know.
Criminal & Traffic Law
Facing a plea in the Magistrates' Court?
Parke Lawyers appears in Victorian Magistrates' Courts for criminal and traffic matters — from the first mention through to sentencing, with well-prepared pleas and considered use of character references.
This article is general information only and does not constitute legal advice. Please obtain advice tailored to your circumstances.