StandardCriminal Law
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Tools

Your apology letter: template and guide

The one document in your folder written by you. What it must contain, what it must avoid, and a template to write from, not copy.

Reading time 8 minApplies to NSW Local Court
The short answer

An apology letter, sometimes called a letter to the court, is a one-page letter in your own words that the Judge reads before sentencing you. Done well it is evidence of insight, which is the thing the Judge is deciding whether you have. Write it yourself, keep it to one page, and make no promises.

What to do this week
  1. Write the responsibility and insight paragraphs first, before anything elseSection 2 of this guide
  2. Leave it two days, then read it as the JudgeSection 3 of this guide
  3. Check it against your facts sheet and your referencesSection 5 of this guide
Am I in the wrong place?

If you cannot write the responsibility paragraph without a qualifier, you may not be ready to plead guilty. Read Lesson 11 before you write another word.

Quick reference
LengthOne page, two at most
VoiceYours. The Judge can tell
Addressed toThe Presiding Judge, [court] Local Court
NeverMinimise, blame, promise, argue with the facts sheet
AlwaysSpecific steps, dated, that a referee can confirm

1The rules

Read first

RuleWhy
Write it yourselfJudges read thousands. A borrowed voice is recognised by the second paragraph and the letter is then worth less than no letter
Do not minimise"It wasn't that serious" tells the Judge you have not understood. Own it completely
Do not blame anyoneNot the police, not a friend, not the circumstances. You made the decision
Do not promise"It will never happen again" cannot be tested and is not credited. Describe what has changed instead
Be specificOne concrete step, dated, beats a paragraph of feeling
Do not argue with the facts sheetDisputes are dealt with separately, before sentence. Lesson 4 explains how
One pageTwo at most. Quality over length

2The six parts, in order

Structure

1. Who you are. Age, where you live, work or study, who depends on you. Three or four sentences of context, not sympathy.

2. What happened. Briefly, in your words, consistent with the facts sheet. If there was context, a hard period, a habit that had grown, say so plainly. One paragraph.

3. Responsibility. One paragraph, no qualifiers. Not "I know I shouldn't have but". If you cannot write this paragraph cleanly, stop and read Lesson 11.

4. What you understand now. The part that matters. Not that you are sorry, but what specifically you have come to see about the choice: what it risked, who it affected, what it says about where you were.

5. What has changed. Concrete, dated things. Enrolled in a program on this date. Stopped seeing these people. Told your employer. Things a referee can confirm.

6. What you are asking for. That the court consider not recording a conviction, with the strongest reason, usually the consequence a conviction would carry. Then stop.

3The two-day rule

Method

Do not write it the night before. Draft it, leave it two days, and read it as if you were the Judge. Cut every sentence that is about how you feel rather than what you understand. Cut every sentence that begins with "I know that" and then tells the court something it already knows. What is left is the letter.

4The template

Write from this, not onto it

Placeholders in brackets. The connecting sentences are there to show the shape; replace them with your own.

[Date]

The Presiding Judge
[Court] Local Court

Re: [Full name], [charge], listed [date]

Your Honour,

I am [age] years old. I live in [suburb] with [who]. I work as a [role] at [employer], where I have been for [time]. [One sentence on dependants or study if relevant.]

On [date] I [where, doing what]. [What happened, in two or three sentences, consistent with the facts sheet.] [If context: At the time I was ...]

I did this. I knew it was wrong. Nobody else is responsible for that and I do not want to suggest otherwise.

Since that day I have thought about what I was doing and why. [Two or three sentences of actual insight: what it risked, who it affected, what it made visible that you had not looked at.] [If a program: The [program] made me see ...]

On [date] I [enrolled in / completed] [program]. I have [other concrete change]. [Reference writer] can confirm this. I told my employer about the charge on [date].

I understand that the court may record a conviction for this offence. I ask the court to consider not doing so. A conviction would [specific consequence]. I am not asking the court to treat what I did as unimportant. I am asking it to accept that I have treated it as important.

Thank you for reading this letter.

[Signature]
[Full name]

5Before you tender it

Checklist

Check
In your own voice, not the template'sRead it aloud. If it sounds like a form, it is one
Consistent with every fact you did not disputeA sentence that contradicts the facts sheet costs credibility
Every change you claim can be confirmedBy a referee, a certificate, or a letter from a provider
No promises, no minimising, no blameSearch for "never", "only", "but"
Typed, one page, dated, signed by handOriginal for the court, copy for the prosecutor, copy for you
Do this now
Write parts 3 and 4 first. If they take less than twenty minutes, you have written what you think the Judge wants to hear. Start again.

General information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.