Apology letters are an important tool that criminal lawyers use to obtain lenient sentences for our clients when they plead guilty.
Letters of apology give you a voice in court. They are a chance for you to speak to the Magistrate or Judge and differentiate yourself from the others who come before the court for sentencing. Our criminal lawyers work closely with clients to draft detailed and heartfelt letters to courts that demonstrate our clients’ remorse, true character and why they deserve leniency.
Australian Criminal Law Group’s criminal lawyers, with 500+ 5-star Google reviews, are experts at helping our clients prepare for sentencing in court. That’s why we have compiled the following information regarding how to write a good apology letter.
Form of apology letters
Apology letters should be written specifically for the court appearance in which they will be tendered.
The apology letter should be addressed as follows:
The Presiding Magistrate/Judge
(Location) Local/District/Supreme Court
Your Honour
Re: Apology letter
What should be in an apology letter
The best apology letters are written from the heart. It is tempting to write off a template or checklist, but doing so creates a risk that the apology letter will sound contrived and read exactly like every other letter tendered in court that day. The same applies to apology letters written by Artificial Intelligence programs like ChatGPT. It is blatantly obvious when a computer writes a letter. Do not do it. If you are having difficulty writing an apology letter, then ask your criminal lawyer for help.
An apology
Unsurprisingly, an apology for committing the offence is the most apparent and essential ingredient in an apology letter. Courts must take remorse and contrition into account when they sentence you, but there needs to be evidence of it. For example:
I am writing to apologise for committing the offence of common assault. I am ashamed to have acted in a violent way and sorry for harm that I caused. Behaviour like this is not something I condone and a person who acts like that is not someone I want to see in the mirror.
An explanation
Apology letters should include an explanation of the circumstances of how the offence came to be committed, but do not make excuses for your offending. You have a criminal lawyer to advocate for you, so the best approach in an apology letter is often to simply say what happened and not offer a commentary on why. It is a tricky balancing act that your criminal lawyer can help you with. For example:
On the night of the incident, I was in the city when three drunk men made an offensive comment about my wife. I could have walked away, but did not and decided to approach them about what they had said. My girlfriend told me to let it go and I should have because a fight broke out as soon as I reached them and someone was hurt.
About you
In your apology letter, you should tell the court about your background, circumstances, and beliefs. Your background includes family, employment, education, and community ties. Your circumstances are what is happening in your life at the point in time that the letter is written, such as employment, study, a separation, mental health issues, or other hardship. Your beliefs are your morals and values. For example:
I have always put family first, worked hard to provide, and spent my every spare moment with my children. I grew up without a dad and know firsthand the void that leaves in a kids life, asking why his daddy doesn’t love him. The anger I harboured as a child about my home followed me into adulthood and I took it out on those closest to me after I lost my job. I am now seeing a psychologist and doingb an anger management course.
Impact on the victim
The apology letter should show empathy for the victim and acknowledge the harm caused to them (or the harm that may have been caused if the actual harm is unknown). An apology can appear hollow in the absence of an understanding of the impact on the victim, so it is an essential feature of a good apology letter. For example:
My behaviour must have been terrifying for the victim. He has a right to feel safe in their own home and I took that away from him. I understand the fear I caused might go beyond the night and have longer consequeneces. I hope he is ok and can find santity in his home again.
Impact on the community
An apology letter should acknowledge the type of offence’s impact on the broader community and express understanding of why offending of that type needs to be deterred. For example:
- Alcohol-fuelled violence and public safety.
- Domestic violence and the need to protect women from violence or control.
- Fraud on business and people’s financial security.
- Drugs destroying lives and encouraging organised crime.
- The dangers to road users posed by drink driving.
The impact on others
The harm that can be most poignant to someone who commits a crime is the harm it causes to others in their lives, which should be referred to in the apology letter. For example:
It has been especially hard watching the impact that my offending has had on my kids. The bail conditions preventing me from contacting their mother has meant we have gone from seeing each other every day to hardly at all. I have heard they have began to act out in school and they need their dad. It is heartbreaking that my behaviour has hurt the people who need me most.
Mental health, addiction, and rehabilitation
Mental health and/or addiction are often underlying factors in offending. However, raising these factors in apology letters will be given very little weight without there having also been steps taken to address them. As such, communicating what you have learned from treatment, such as with psychologists, counsellors, and other programs, is as important as the mental health and substance conditions themselves. For example:
My depression caused me to self-medicate and I accept that before the offence I did not seek out the help I needed. I wasn’t ready to speak about the trauma and I thought it easier to bury it with drugs. It all spiralled out of control and I lost control of myself, my behaviour, my life. Coming to court has been a salient experience It motivated me to see a psychologist and attend AA to develop strategies to cope and to let out the pain that I have kept in for so long.
Changes
A person will often have experienced significant changes, good or bad, in their life between the time an offence is committed and when they are sentenced. The court should be made aware of these changes through the apology letter. For example:
I was in a dark place when I committed the offence. I had been made redundent and separated from my wife. I didn’t know what to do with myself and was struggling financially. I took the easy way out and stole money to make payments that I otherwise could not. Since I was charged, I have started a new job I love, reached a financial settlement with my ex, and see an financial planner to get my life back in order.
Effect of a conviction
Where appropriate, your apology letter should tell the court how a conviction and a criminal record will affect your life. Common consequences of a conviction are loss of employment or difficulty finding employment, travel restrictions, and loss of a driver’s licence. For example:
I studied for five years to obtain employment in the finance industry, which is highly competitive industry. I have lost my job of 15 years due to this offence and I am looking for a new one to be able to continue to pay my mortgage. With a conviction for dishonesty it is going to be immeasurably harder. I do not want my hard work to go be in vain. I want to work and contribute and look after my family and having a criminal record is going to make it much harder to do so.
Aspirations
An apology letter should discuss your plans, where you want to be in the future, and who you want to be. For example:
I have learned a lot from this experience. How fragile life is and how important family are. Moving forward I intend to continue treatment and be a better father and rolemodel to my kids. I have enrolled in a course to become a counsellor and would like to give back to the community in the same way that many in the community have helped me during this hard time.
Loss of licence
If the offence carries a loss of licence, the apology letter should state your need for a driver’s licence. Some reasons a court may consider not to disqualify a person or set aside/reduce a suspension include:
- Employment. If a lack of a driver’s licence will affect employment, then your apology letter should state specifically how.
- Financial consequences. If a lack of a driver’s licence will cause financial stress, your apology letter should state precisely how and why.
- No viable alternative transport. This mainly applies to people in the country, but may also apply if someone is a shift worker or lives in an isolated area not serviced by public transport. If applicable, this should be raised in the apology letter.
- Limited public transport. Time to travel on public transport as opposed to by car. Some journeys are relatively short by car and very lengthy by public transport. If this is the case, then the apology should state that.
- Medical reasons. It is a relevant consideration if you or a family member has a medical condition that makes modes of transport other than cars difficult.
- Family reasons. Reasons include caring for a child, elderly parents, or another person who relies on you having a driver’s licence.