Character reference brief
Character references are a routine but important part of sentencing. A poorly briefed referee can hurt rather than help. This checklist walks through the steps.
This is a 12-step checklist for briefing a character referee for criminal sentencing. It covers selection, form, acknowledgment of charges and delivery.
The checklist
Identify strong referees
Employers, community leaders, long-standing friends who know the client well and can speak to character.
Confirm willingness
Confirm the referee is willing to provide a reference. Do not pressure.
Explain the purpose
Explain the reference is for sentencing and will be read by the court and prosecution.
Provide a template
Provide the referee with a template — addressed to the court, not a personal letter.
Require acknowledgment of charges
The referee must acknowledge in the reference they know what the client is charged with.
Describe the relationship
Referee should describe how long and in what capacity they have known the client.
Describe the client's character
Specific examples of positive character — not generic praise.
Comment on remorse if appropriate
If the referee has observed remorse or rehabilitation, this can be highly relevant.
Avoid commenting on sentence
Referees should not tell the court what sentence to impose.
Signed and dated
Reference must be signed, dated and include referee contact details.
Review before submission
Review each reference before filing. Return any that are non-compliant.
File with the sentencing submission
File the references as part of the sentencing bundle with the plea in mitigation.
When this checklist applies
Use this checklist when preparing for sentencing on a plea of guilty. Gather references early — good referees take time.
Common pitfalls
- References that do not acknowledge the charges
- Generic praise with no specific examples
- Referee recommending a sentence
- Unsigned or undated references
- Last-minute references collected on the day
Run this checklist on a real matter
Quillio generates character reference templates and prompts for sentencing briefs in current AU format. See /practice-areas/criminal-lawyers.
This checklist is a general guide. Adapt for federal and serious indictable sentencing.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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