PART V

Guilty Pleas AND Certificate Evidence

29. —(1) In determining what sentence to pass on a person who has pleaded guilty to an offence, other than an offence for which the sentence is fixed by law, a court, if it considers it appropriate to do so, shall take into account—

(a) the stage in the proceedings for the offence at which the person indicated an intention to plead guilty, and

(b) the circumstances in which this indication was given.

(2) To avoid doubt, it is hereby declared that subsection (1) shall not preclude a court from passing the maximum sentence prescribed by law for an offence if, notwithstanding the plea of guilty, the court is satisfied that there are exceptional circumstances relating to the offence which warrant the maximum sentence.

(3) In this section, “fixed by law”, in relation to a sentence for an offence, means a sentence which a court is required by law to impose on a person of full capacity who is guilty of the offence.

30. —(1) In any criminal proceedings, a certificate purporting to be signed by a member of the Garda Síochána and stating that the member had custody of an exhibit at a specified place or for a specified period or purpose shall be admissible as evidence of the matters stated in the certificate.

(2) In any criminal proceedings, the court may—

(a) if it considers that the interests of justice so require, direct that oral evidence be given of the matters stated in a certificate under this section, and

(b) adjourn the proceedings to a later date for the purpose of receiving the oral evidence.

(3) A certificate under this section shall be tendered in evidence by a member of the Garda Síochána not below the rank of sergeant.

(4) The Minister may, by regulations, prescribe the form of a certificate under this section.