Transcript
What about character witnesses? Can people who know you well help in court?
Character witnesses are people who can speak about your good character, your reputation, or behaviour. They usually give evidence at sentencing rather than in a trial. Their statements can help show the court that the offence is out of character, or that you have strong community ties. This can support a plea for leniency. The character witness doesn’t have to be someone famous; it just has to be someone who knows you well and can speak as to your character. They must be telling the truth; they must be willing to come to court, and somebody must ask them questions about it. There are many cases you don’t call character evidence because there’s just no need, or it’s a strategic decision by your lawyer, but it’s certainly something we’re always going to address with you.
This is general information only. If you want to use character witnesses in your court case, you should have a lawyer, and you should be discussing that with them. They should also have provided you with documents explaining what they want from the character witness
Character Witnesses in Victoria: What You Need to Know at Sentencing
If you face sentencing in Victoria, you may ask how to use character witnesses in court and whether they actually make a difference. Many people search for answers about character witnesses at sentencing, who can support them, and what courts expect. This video explains the role character witnesses play and when lawyers use them. The guide below builds on that discussion. It explains how character witnesses work in practice, when they help, and why careful legal advice matters before you rely on them.
The Role of Character Witnesses in Court
Using character witnesses in court requires careful judgment. When done properly, character evidence can support a plea and give the court a fuller picture of your life. When done poorly, it can weaken your position or create legal risk.
When Character Evidence Is Used in Victoria
In Victoria, lawyers usually raise character issues at sentencing rather than during a trial. Sentencing focuses on the individual before the court. The Sentencing Act 1991 (Vic) requires judges and magistrates to consider matters such as personal circumstances, prior history, and prospects of rehabilitation. Character evidence can assist with those considerations. However, it never replaces accountability for the offence.
How Character References Are Presented
Courts usually receive character evidence through written references rather than live witnesses. A strong reference explains who the referee is, how they know you, and why their opinion carries weight. It also confirms that the referee understands the charge and the relevant facts. Courts place little value on references that avoid the offending or minimise harm. As a result, honesty matters more than praise.
Who Can Be a Character Witness?
Character witnesses do not need public profiles or professional titles. Courts care about insight, not status.
Employers and Community Members
For example, an employer might describe consistent reliability and explain how you responded after the incident. A community leader might describe positive contributions and future support. These details help the court assess rehabilitation and risk of reoffending.
Legal Risks and Strategic Considerations
However, character evidence always involves strategy. Once the defence raises good character, the prosecution may respond. Under the Evidence Act 2008 (Vic), introducing good character can open the door to material that would otherwise remain excluded. That risk matters most in contested hearings or trials. Even at sentencing, poorly chosen references can provoke scrutiny and undermine credibility.
When Character Witnesses May Not Help
Some cases do not require character witnesses at all. Where the offence sits at the lower end, or where objective material already explains the context, references may add little. In more serious matters, references can still help, but they must align with the reality of the offence. Courts react poorly to references that appear scripted or defensive.
Limits of Character Witness Evidence
Another issue involves expectations. Character witnesses cannot ask the court for a specific outcome. They cannot tell the court what sentence to impose. They also cannot argue the case. Their role stays limited to describing character, conduct, and observed change. When references cross that boundary, courts often disregard them.
Live Character Witnesses in Court
Live character witnesses appear less often, but courts sometimes require them. This usually happens when the prosecution challenges a reference or when the court seeks clarification. Anyone who gives evidence must answer questions under oath. That process can feel confronting, so lawyers only use it when it adds real value.
How Much Weight Do Courts Give Character Evidence?
There are also limits to how much weight character evidence can carry. In some categories of serious offending, including certain child sexual offences, courts may place less emphasis on prior good character because of the nature of the conduct. In those cases, references may still provide background and context, but they are less likely to significantly reduce the sentence.
Why Legal Advice Is Essential Before Using Character Witnesses
The next step always involves legal advice. Before you approach anyone to act as a character witness, speak with a criminal defence lawyer. Your lawyer will decide whether character evidence helps, who should provide it, and how it should read. When used correctly, character witnesses can support a clear, credible plea and assist the court in sentencing you as a whole person.
