How do support letters work?

In criminal law matters, letters of support can be helpful evidence when making sentencing submissions. That is because the various sentencing legislation throughout Australia include consideration for the Defendant’s character. For example, section 6 of the Northern Territory Sentencing Act states:

In determining the character of an offender, a court may consider, among other things:

(a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender;

and

(b) the general reputation of the offender; and

(c) any significant contributions made by the offender to the community

Receiving support letters from employers or people in community leadership roles (church groups, Aboriginal elders, sporting groups, volunteer organisations) that discuss the Defendant’s good character will be taken into consideration by the court when determining a Defendant’s sentence. Character references from family will be less useful, because the court will ordinarily assume that your family member has a personal bias.

When writing a support letter, you should make sure to:

1. Include the date of the letter.

2. Have the author of the letter sign the bottom above their full name.

3. Address it to the ‘Presiding Judge’ or the ‘Presiding Magistrate’.

4. Make sure to specifically state what charges the Defendant is facing.

5. Explain in as much detail as possible:

   1. What is the Defendant’s usual character.

   2. Why the criminal conduct is contrary to the Defendant’s usual character.

   3. (If relevant) Any personal circumstances at the time of the offence that may have contributed to the Defendant’s criminal behaviour.

It is imperative that the court knows that the support person is writing the letter in relation to the specific allegations currently before the court.

If a support letter is being written by a professional, such as a counsellor or a program coordinator, then the following additional information is required:

1. The date of the Defendant’s initial engagement/appointment, frequency of visits (already undertaken or proposed future frequency), and the date of the Defendant’s next appointment.

2. What service is being provided by the professional. If a set program, outline the key learning outcomes. If counselling, outline what specific issues are being addressed in counselling.

3. The professional’s observations as to the Defendant’s engagement or enthusiasm with the program or counselling.

In family law matters, support letters are rarely useful. There is no specific requirement for the court to consider a parent’s “character”, and all evidence put before the court should relate directly to the facts of the case. If a support person is able to provide evidence relating to specific parenting or property allegations or assertions, then they are able to put their evidence to the court by way of an ‘affidavit’. This is a formal court document that carries legal weight, and there are consequences for swearing to a false affidavit. If this affidavit is ultimately relied on at the final family court hearing, then the deponent (the person who swears the affidavit) may be called on for cross-examination during the final hearing. Supporting affidavits can be incredibly helpful, and we encourage you to speak to a lawyer about how a supporting affidavit may benefit your case.