Character References for Your Court Case

Why do character references matter in court?

In a frozen account or mule account case, the court sees transaction records and police reports. A character reference letter shows the person behind them: how you work, what you do in your community and how far others trust you.

Under the Evidence Act 1950, section 53 makes your good character relevant in criminal cases. ^[f1] Section 54 adds that your bad character becomes relevant only if evidence of good character has been given. ^[f5]

At sentencing, Criminal Procedure Code section 294 lets the court look at the offender’s character and antecedents, meaning past record, and release a first offender on a bond of good behaviour instead of passing sentence. ^[f2] The court decides whether to use this power in each case, and good letters can make a difference at this stage. They work best alongside the rest of your evidence preparation.

Who should write my references?

The best referees hold respected roles and have known you personally for a long time. An employer or supervisor can speak about your honesty at work. A religious leader, or the head of a charity, residents’ association or professional body, can speak about you in the community.

Choose people who can describe real things you have done. A supervisor who says you handled company money honestly for five years convinces more than a neighbour who says you seem nice.

Aim for a few letters from different parts of your life. Together they show the court good character at work, in the community and at home.

What should each letter include?

The writer should start by saying who they are: name, position and background. Then they should say how they know you, for how long and in what setting.

The main part needs real examples. An employer might describe how you handled money honestly. A community leader might describe your volunteer work and how dependable you are.

The letter should be addressed to the court, dated and signed. It should give the writer’s full name, IC number, phone number and address, because courts trust a letter more when they can identify and reach the writer.

What mistakes weaken a reference?

Generic letters. A one-line note saying “he is a good person” adds almost nothing. The court needs detail that shows the writer thought about what to say.

Exaggeration. If a letter calls you the most honest person alive, the court may ignore it. Plain praise with real examples carries more weight.

An unclear writer. If the court cannot tell who wrote the letter, it has little reason to believe it. Every letter needs the writer’s full details.

How do references fit into my defence?

Character references do not prove you are innocent. They support the point that you are not someone who would knowingly take part in a crime. They work together with your source of funds documentation and other evidence.

Character evidence can also be put before the court as mitigation, and your lawyer can present your letters together with the rest of your evidence.

Your lawyer may also lead evidence of your good character at trial, for example through witnesses who know your reputation. ^[f3]

When are character references used?

They matter most at mitigation, the stage after a conviction and before sentence, when your lawyer asks the court for a lighter sentence. Your lawyer will tell you when to prepare and hand them in.

Start thinking about who to ask early, even before any charge. Your referees then have time to write without a rush, and your lawyer can check the letters first.

If your case falls under the sentencing guidelines for financial offences, the letters become part of the mitigation papers your lawyer hands to the court. Our full evidence preparation guide shows how the pieces fit together.

How can a lawyer help with character references?

A lawyer who handles these cases knows what judges look for. They can tell you who to ask, check the drafts for content and format, and put the letters before the court at the right time.

A lawyer can also spot gaps. If all your letters come from family, they will suggest work or community contacts. If a letter is vague, they can tell the writer what details to add.

For help with your references or any other evidence, a qualified lawyer can guide you. Our page on what to do now sets out your next steps.

Sources

1. Evidence Act 1950, Section 53, relevance of good character in criminal proceedings
2. Criminal Procedure Code, Section 294, release of a first offender on a bond of good behaviour
3. Evidence Act 1950, Section 54, bad character not relevant unless good character is given in evidence