Good Character References for Court in Queensland
Criminal Procedure — 2026-07-13 — by Sacha Sarah Smith, Civic Law
Character references can change the outcome at sentencing — but only if they say the right things. Who to ask, what to include, what to avoid, and how they are used in court.
Someone — your lawyer, a friend, a family member — has told you to get character references for court. They matter. But most people get them wrong. They hand over vague letters full of praise that the Magistrate sets aside after the first paragraph.
A good character reference does something specific: it gives the court evidence that the offence does not reflect who you are. It shows the Magistrate or Judge that someone who knows you well — and knows about the charge — is prepared to put their name to a statement about your conduct. When that evidence is placed alongside the case your lawyer presents to the court , it directly affects the outcome.
Below is what makes a character reference useful in a Queensland court, who you should ask, what they should write, and the mistakes that make references worthless.
Why Character References Matter at Sentencing
When a court sentences you, it does not just look at the offence. Under section 9 of the Penalties and Sentences Act 1992 (Qld), the court considers your character, your age, your criminal history, whether you have shown remorse, and the circumstances of the offence. Character is a statutory factor — the court is required to take it into account.
Character references are the main way that evidence of your character reaches the court. The Magistrate or Judge has not met you. They know what the police say happened, they know your criminal history, and they know what your lawyer tells them. A reference from someone who actually knows you — your employer, a colleague, a family friend — fills in the picture that the court cannot see from the charge sheet alone.
References are particularly important in no-conviction applications . Under section 12 of the Penalties and Sentences Act , the court can find you guilty but choose not to record a conviction. One of the factors it weighs is your character. Strong references that show the offence was out of character — combined with a clean history and evidence that a conviction would cause disproportionate harm to your livelihood — can be the difference between a conviction recorded and no conviction at all.
Who Should Write One
The best references come from people who know you well and can speak to your recent behaviour — not just your general reputation. The court values substance over status. A detailed reference from your direct supervisor carries more weight than a one-paragraph letter from someone prominent who barely knows you.
Your employer or direct manager. An employment reference is one of the most useful. It tells the court that someone who sees your work every day considers you reliable, honest, and valuable. It also gives the court a reason to consider the impact of a conviction or custodial sentence on your employment — and on anyone who depends on your income.
A colleague or professional contact. Someone who works alongside you and can speak to your day-to-day conduct. Particularly useful if they can describe specific examples of your professionalism, reliability, or how you handle pressure.
A community member or volunteer coordinator. If you are involved in a sporting club, church, charity, school P&C, or any community organisation, a reference from someone in that group shows the court you are embedded in your community — not someone on the margins of it.
A family friend or long-standing acquaintance. Someone who has known you for years and can speak to your character over time. A family friend who has watched you grow up, raise your children, or rebuild after a difficult period can provide context the court would not otherwise have.
A professional — counsellor, GP, or mentor. If you have been attending counselling, a drug or alcohol program, or treatment for a mental health condition, a letter from your treating professional confirming your engagement is one of the strongest things a reference can offer the court. It shows the court you have taken steps to address the underlying issue, not just turned up because you have a court date.
Immediate family members — your partner, parents, siblings — can provide references, but they carry less weight because the court expects them to support you. They are still worth including if they can speak to specific changes in your behaviour or the impact the charge has had on your family. A reference from your partner explaining how the charge has affected your children, for example, is directly relevant to sentencing.
What to Include
The court reads dozens of character references every sitting day. The ones that make a difference share the same qualities: they are specific, honest, and relevant to what the court is deciding.
How they know you and for how long. "I have been David's employer at North Queensland Landscapes for four years" tells the court something. "I have known David for a while" tells the court nothing.
Specific observations about your conduct. Not "he is a good person" — that is a conclusion without evidence. Instead: "In the four years David has worked for me, he has never missed a shift, he mentors new staff, and clients regularly ask for him by name." Specific behaviour gives the court evidence to weigh.
Awareness of the charge. The reference should acknowledge that the writer knows you are before the court. It does not need to go into detail about the offence, but a reference that pretends the charge does not exist looks naive. Something like "I am aware that David is facing a charge before the Magistrates Court" is enough.
Why the offence is out of character. The whole purpose of a character reference is to show that this offence does not define you. The writer should explain, from their own experience of you, why the conduct does not reflect who you are. "This is completely out of character for the David I know — in four years I have never seen him act aggressively or lose his temper" is far more useful than "I hope you will be lenient."
What they have observed since the charge. If the writer has noticed you taking steps — attending counselling, changing your drinking habits, engaging with a program — that should be in the reference. Evidence of change between the offence and the court date is one of the strongest things a reference can offer.
What a conviction or custodial sentence would mean. An employer can say "David's position requires a clear criminal history check and a conviction would result in the loss of his employment." A family friend can say "David is the sole income earner for his family, including two school-aged children." These consequences are directly relevant under section 12 of the Penalties and Sentences Act — the court weighs the impact of a conviction on your employment and social wellbeing.
What to Avoid
Bad references do not just fail to help — they can undermine your case. These are the most common mistakes:
Opinions about the charge or the law. "I don't think this should be a criminal matter" or "the law is too harsh" — the court does not want to hear this from a referee. Their job is to speak to your character, not to argue the law. That is your lawyer's role.
Telling the Magistrate what to do. "I ask that you not send him to jail" or "please be lenient" — this is not the referee's decision to make. The court decides the sentence. A reference that tells the Magistrate what to do can be counterproductive.
Generic praise with no evidence. "He is a wonderful person and a great father" — every reference says this. Without specific examples or observations, it adds nothing. The Magistrate has already set it aside.
Minimising the offence. "It was just a misunderstanding" or "everyone makes mistakes" — the court treats the offence seriously and expects you to as well. A reference that minimises what happened suggests you — or at least your supporters — do not appreciate the gravity of the conduct.
Exaggerating or making claims the referee cannot support. If a referee says "he has completely turned his life around" but cannot point to any specific change, the claim is hollow. If a referee says "I have known him his entire life" but can only describe one recent interaction, the exaggeration is obvious.
Format and Practical Details
A character reference does not need to be formal legal writing. It should sound like a person speaking honestly about someone they know. That said, the format matters:
Addressed to the court. "To the Presiding Magistrate" for Magistrates Court matters. "To the Presiding Judge" for District Court matters. Sacha will advise which is appropriate.
One page. Courts read dozens of references. A one-page reference that is focused and specific is more effective than three pages of repetition. If the writer cannot say it in one page, they are probably repeating themselves.
Signed and dated. The reference must be signed by the writer and dated. An unsigned or undated reference looks like a template.
Contact details included. The writer's name, address, phone number, and occupation. If the court or prosecution wants to verify the reference, they need to be able to contact the writer.
Printed, not handwritten. Typed and printed is easier for the court to read. Handwritten references are not rejected, but they are harder to read quickly — and the Magistrate is reading fast.
How Many Do You Need
Three to five strong references is the range Sacha typically works with. Quality matters more than quantity. Ten weak references that all say the same thing add nothing that three focused ones do not already cover. The court is looking for substance, not volume.
Where possible, the references should come from different parts of your life — one from work, one from the community, one from a long-standing personal contact. That gives the court a broader picture of who you are, not just one person's perspective repeated five times.
Sacha reviews every reference before it goes to the court. If a reference is weak, vague, or counterproductive, Sacha will tell you — and either help the writer improve it or suggest a different referee. The references are part of the overall sentencing material, and they need to work together with the written submissions, not against them.
When to Start
Start gathering references as soon as you know you are heading toward a plea. Do not leave it until the week before your court date. Good references take time — your referee needs to think about what to write, and Sacha needs time to review them and provide guidance on what to adjust.
At the first consultation, Sacha advises on who to ask, how many, and what each reference should focus on. A drink driving matter benefits from an employer reference that addresses the impact of losing your licence. An assault matter benefits from references that speak to your temperament and how you handle conflict. A drug offence benefits from a reference from a counsellor or treatment provider who can confirm you are engaging with the issue. Sacha tailors the guidance to your specific charge.
Our penalty estimator shows sentencing outcomes for common charges in Cairns Magistrates Court — including conviction rates and the types of penalties imposed. Use it to understand where your charge sits, and then call Sacha Sarah Smith on 0425 429 458 for specific advice on what references you need and how to prepare them.
Drink Driving — Guilty Plea
Assault — Guilty Plea
Drug Offences — Guilty Plea