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Documents that can help you in Court
Many people find themselves before the Court as a result of a poor decision, that is usually out of character. There may be several factors that have resulted in you being charged with an offence, or your personal circumstances may have contributed to the offending. The offence may not be an accurate reflection of your usual good character.
What documents help at a sentence?
If you enter a plea of guilty, your matter will proceed to sentence. The Prosecutor will provide the presiding Magistrate with the facts of the offending and will tender any supporting documentation to the Court. This will include your criminal history and traffic history (if applicable) and documents such as a Breath Analysis Certificate for drink driving matters. The presiding Magistrate will have no information about you, but for the charge/s before the Court.
It is important that the Court is aware of your personal circumstances outside of the offending. You, or your lawyer, are able to tell the presiding Magistrate information about you to provide context as to who you are outside of the offences. It can be helpful to provide the presiding Magistrate with supporting documentation.
The type of documentation will be dependent on your matter and the charge/s before the Court. However, some common documents include the following:-
- Character references
We generally provide the presiding Magistrate with information about your age, family circumstances and employment. This can assist the presiding Magistrate to form a view about your situation as a whole, and place the offending into the broader context of your life.
While we are able to provide the presiding Magistrate with information about you, it can be beneficial for the presiding Magistrate to consider a character reference from those who know you outside of Court. A character reference can be provided by a member of your family, spouse/partner, employer or good family friend.
The character references must:-
- be addressed to the presiding Magistrate;
- acknowledge that the writer is aware of the offence; and
- be signed by the writer.
It is important your character references comply with the above requirements, otherwise the character reference cannot be relied upon.
- Drug or alcohol test results
It may be beneficial to provide drug or alcohol testing results to the presiding Magistrate if there are allegations of substance misuse before the Court. A negative test can demonstrate that you have addressed any underlying issues that have contributed to your behaviour.
- Driver Education Program certificate
It may be beneficial to participate in a Driver Education Program and provide a completion certificate, should there be allegations relating to your driving before the Court. This can include drink and drug driving, or dangerous operation of a vehicle.
Do I need a lawyer?
We recommend seeking legal advice before providing any document to the Court. This will ensure the documents are relevant and comply with the requirements of the Court. It is also important to check that the documents will not inadvertently have detrimental impact on your matter.
Court is a difficult place, and a lawyer can help you navigate your matter. Your lawyer will ensure your matter is properly prepared for sentence, and that the presiding Magistrate has all relevant information required for your specific matter.
If you would like more information regarding your criminal or traffic matter, and your options in progressing that matter, please contact our office on (07) 4963 2000 or via our online contact form.