Part 4Sentencing

Chapter 1Sentencing Council for England and Wales

Guidelines

I1122Allocation guidelines

1

In this Chapter “allocation guidelines” means guidelines relating to decisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43), or the Crown Court under paragraph 7(7) or 8(2)(d) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37), as to whether an offence is more suitable for summary trial or trial on indictment.

2

The Council may prepare allocation guidelines.

3

Where the Council has prepared guidelines under subsection (2), it must publish them as draft guidelines.

4

The Council must consult the following persons about the draft guidelines—

a

the Lord Chancellor;

b

such persons as the Lord Chancellor may direct;

c

the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);

d

such other persons as the Council considers appropriate.

5

The Council may, after making any amendment of the draft guidelines which it considers appropriate, issue the guidelines as definitive guidelines.

6

The Council may, from time to time, review the allocation guidelines issued under this section, and may revise them.

7

Subsections (3) to (5) apply to a revision of the guidelines as they apply to their preparation.

8

When exercising functions under this section, the Council must have regard to—

a

the need to promote consistency in decisions of the kind mentioned in subsection (1), and

b

the results of the monitoring carried out under section 128.