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.