Writing a court reference: a guide for referees
For the employer, friend or family member who has been asked to write a reference for someone's court appearance. What the court needs, what to include, what to leave out, and a structure.
A court reference is a letter to the Judge, from someone who knows the person, describing what they have observed. It must be addressed to the court, state that you know about the charge, describe things you have seen rather than opinions you hold, and be signed with your details. It should not describe the offence, ask for a sentence, or promise the person will never do it again.
- Ask the person for the charge, the court and the date, and confirm they have pleaded guiltySection 2 of this guide
- Write half a page to a page using the structure in section 4Section 4 of this guide
- Sign it by hand and give them the original flat, not foldedSection 5 of this guide
If you were present at the incident, have a criminal record yourself, or would need the charge explained to you for the first time, you are not the right referee, and saying so is the helpful thing to do.
| Addressed to | The Presiding Judge, [court] Local Court |
| Must say | That you know about the charge and the plea |
| Should contain | What you have observed, how long you have known them, what has changed |
| Must not | Describe the offence, ask for a sentence, promise it will not recur |
| Length | Half a page to a page, signed, dated, with your contact details |
1What the court needs from you
Start here
When the Judge sentences someone, the only things the court knows about them are what the police facts sheet says and what their record says. A reference is the one document that lets a third party tell the court who the person is the rest of the time. Judges read hundreds of references a year and discard most within a sentence, because most are written for the wrong purpose, by people who were not told what the court needs. This page is what the court needs.
2Before you write
Four questions
Ask the person what they have been charged with, which court, what date, and whether they have pleaded guilty. A reference that does not know these things cannot be written properly. If they will not tell you, do not write it. If they say the charge is minor and you suspect it is not, ask again.
3What carries weight and what does not
Content
| Carries weight | Does not |
|---|---|
| "He has worked a 6 am start for three years and has not been late" | "He is a hard worker" |
| "She told me about the charge the day after, before anyone else did, and was plainly ashamed" | "She is very sorry" |
| "Since then he has stopped seeing that group and has been at training four nights a week" | "He has learned his lesson" |
| "A conviction would end her security clearance, which her role requires" | "This would ruin her life" |
| Things you have seen, dated | Things you believe, or were told to say |
Do not describe the offence; you were not there. Do not say what sentence the court should impose; that is the Judge's decision and referees who make it are discounted. Do not say the person will never do it again; nobody can know that and the court does not credit it. Do not comment on the law.
4A structure
Write from this
[Letterhead if you have one]
[Date]
The Presiding Judge
[Court] Local Court
Re: [Full name], [charge], listed [date]
Your Honour,
My name is [your name]. I am [your occupation or relationship], and I have known [first name] for [time] as [context]. I am aware that [first name] has pleaded guilty to [charge] and that this letter is for the court when it sentences that matter.
[What you have observed of the person over the time you have known them: two or three specific things.]
[First name] told me about the charge on [date]. [What you saw in them when they told you. What they have done since that you have seen yourself.]
[If you know it: what a conviction would mean for them, specifically.]
I am happy to be contacted on [phone] if the court requires anything further.
Yours faithfully
[Signature]
[Name, occupation]
5Format and delivery
Practical
Typed, half a page to a page, dated, signed by hand, with your full name, occupation and phone number. Give the person the original, flat, and let them make the copies. If you can attend court on the day, tell them; a referee in the gallery is worth more than the paper alone.
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.