Character References (Qld)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.

In January 2026, the Queensland government made changes to the Penalties and Sentences Act 1992 restricting the situations where evidence of good character can be relied on at sentencing. This page outlines how character references may be used at sentencing in criminal matters in Queensland as the law currently stands.

Character as a sentencing consideration

Under section 9 of the Penalties and Sentences Act 1992, the court may have regard to a number of factors when deciding on the appropriate sentencing orders to make. These include the nature and seriousness of the offence, the extent of the damage the offender is responsible for, the extent to which the offender is to blame for the offence, and the offender’s character.

Character evidence and sexual offences

As a result of changes passed in 2026, when a person has been convicted of a sexual offence in Queensland, the situations where their good character may be relied on are now much more limited. In this situation, evidence of the person's good character may be relied on at sentencing only when it arises from character references, from the offender’s standing in the community, or from the offender’s contributions to the community. 

This means that a person found guilty of a sexual offence may no longer rely on their prior good character on the basis that they have not been in previous criminal trouble. Furthermore, evidence that a person found guilty of a sexual offence is of good character may be taken into account at sentencing only if the good character is relevant to their prospects of rehabilitation, or to their risk of reoffending.

It is also important to note that when dealing with a sexual offence, a court can decide not to have regard to the offender’s good character because of the nature and seriousness of the offending. 

A court must not have regard to an offender’s good character if it assisted them in the commission of the offence. 

How are character references used?

When a person is being sentenced for criminal offences, they may want to show the court the context in which their offending occurred. Character references are one way to show the court your positive attributes and to give the court insight into your personal circumstances. 

A character reference can be an effective tool to persuade a court to view your case sympathetically. When choosing a referee, it is important to think of someone who is close enough to provide both a detailed explanation of your character and to address the issues raised by the charges. 

The best referees are people who know you in the context of work or study, such as employers, colleagues, teachers and business associates. References from professionals who are supporting you, such as your doctor or social worker, may also be relevant depending on the situation. 

Character references should be typed, should include a signature and date, and should be addressed to the appropriate person e.g. ‘To the Presiding Magistrate’. If a character reference is from a professional, it should be on letterhead.

What to avoid in character references

When a person is writing a reference, there are a number of things they should avoid. A character reference should not refer to prior offences that the offender has committed unless absolutely necessary and relevant. They should not suggest the penalty the offender should receive or give the writer's opinion about the offending or about any legal issues. The contents of a character reference should be truthful, and the writer should be courteous at all times.

What character references should include

When a person writes a character reference, they should clearly state who they are and the context in which they know you. They should make it clear that they are aware of the offences and give details about your character, including how long they have known you and the sort of relationship they have with you. They should include specific examples such as, ‘In the five years that X has worked for me, he has always been a reliable employee. I remember a time when…”

If the writer believes that there are unfavourable consequences that you will experience as a result of a conviction or as a result of a particular penalty, they should explain this.

However, there is no one standard way that a character reference should be written. How a character reference is written will depend on the nature of the offences and the overall situation. For example, if the offending relates to alcohol or drug use, the character reference might set out the steps you are taking to be more responsible with alcohol, or to cease using illicit drugs. 

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.