There are two sides to every story, as the adage goes. 

This is particularly so in criminal cases.

When a judicial officer (be it a Justice, Judge or Magistrate) comes to sentence a Defendant for a crime, there are a number of factors that they must take into account in order to determine the appropriate penalty. Some of these factors are:

1. The seriousness of the offending;
2. The impact on the victim, if any (usually received through a Victim Impact Statement);
3. Deterring the Defendant;
4. Deterring the community;
5. Protecting the community; and
6. Punishing the Defendant.

In order to arrive at the appropriate penalty for the offending, the judicial officer must understand who it is they are sentencing. This is where Character References can provide important insight.

Character References are often provided by way of letter addressed to the Presiding Judge, and are usually provided in cases where the Defendant has pleaded guilty. In order for the Character References to be relied upon, the author must usually state that they are aware the Defendant has pleaded guilty to the crime. Character References usually provide the Judge with important insight into the Defendant as a person, often using examples of things the Defendant has done (like volunteering in the community, running the football club BBQ, or cooking for their elderly neighbour).

Whilst Character References are not generally sworn on oath or affirmation to be true and correct, it is important that they are honest. It is not unheard of for referees to be contacted to confirm the contents of their reference.

Character References are not the only or most important part of the sentencing process, rather they are one part of an overall process that takes into account both sides of the story. When sentencing, judicial officers have the difficult task of balancing many objectives in order to arrive at the appropriate sentence; Character References are a small but important cog in that wheel.

Written by solicitor Emily Cousins