Part 4Sentencing

Chapter 1Sentencing Council for England and Wales

Guidelines

122Allocation guidelines

(1)

In this Chapter “allocation guidelines” means guidelines relating to

F1(a)

decisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43) F2... as to whether an offence is more suitable for summary trial or trial on indictment

F3(b)

decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code.

(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.