10.1 The law recognises that a plea of guilty is a factor to be taken into account in mitigation of sentence. There are obvious benefits to the criminal justice system resulting from a plea of guilty. Occasionally, the defence approach the prosecution seeking to discuss the charges to be proceeded with. Such an approach usually takes the form of the accused offering to plead guilty to fewer than all of the charges he or she is facing, or to a lesser charge or charges, with the remaining charges either not being proceeded with or taken into account by the sentencing judge without proceeding to conviction.
10.2 These Guidelines have earlier referred to the care that must be taken in choosing the charge or charges to be laid. Nevertheless, circumstances can change between the original decision to charge and the trial. New facts relevant to the offence, the accused, the victim or witnesses can come to light. Evidence may no longer be available. In some cases a different view of the case may be taken on further consideration.
10.3 Agreements as to charge or charges and plea must be consistent with the requirements of justice. A proposal from the defence to offer a plea to some charges or to a lesser charge or charges should not be entertained by the prosecution unless:
10.4 A plea should not be accepted if to do so would distort the facts disclosed by the available evidence and result in an artificial basis for sentence.
10.5 There is a public interest in ensuring that offences are recorded as convictions. The acceptance of a plea where a number of offences have been charged should take into account such matters as the number and identity of individual victims, range of dates, value of property and whether there are aggravating factors specific to some of the offences. Where there are multiple offences relating to the one episode it may be appropriate to accept a plea to the principal offence where all the relevant facts are made known to the sentencing judge.
10.6 Any decision whether or not to agree to a proposal advanced by the defence should take into account all the circumstances of the case and in particular the following considerations when they are relevant:
10.7 In no circumstances should the prosecution entertain a proposal to plead guilty to a charge in respect of which the accused maintains his or her innocence.
10.8 In indictable cases or in summary cases where the consent of the Director to a prosecution is required or has been specifically given any proposal to accept a plea to a lesser number of charges or to lesser charges than those preferred must always be referred to an officer of the Director of Public Prosecutions for a decision.
10.9 Prosecution counsel should in no circumstances participate in or attend any private discussion between defence counsel and a trial judge concerning the penalty which might be imposed on a defendant in the event of a plea of guilty to any or all of the counts. In the view of the Director, such a procedure, in the absence of any legislation authorising it, is of doubtful conformity with the requirement of Article 34.1 of the Constitution of Ireland that justice should be administered in public except in such special and limited cases as may be prescribed by law. The Supreme Court, in the case of The People v. Heeney (unreported, 5 April 2001) has expressed the view that such a procedure is undesirable and has approved its discontinuance by the Director.
10.10 There may exceptionally be circumstances in which it is desired by both the prosecution and the defence, in the interests of justice, to intimate certain matters to a trial judge in private. For example, there could be matters which if revealed in public could create a risk to the life or personal safety of a defendant or some other person. In such a case counsel for the Director should seek and obtain specific instructions from the Director's Office to mention the matter to the judge in chambers.