Part 4

Sentencing
Chapter 1

Sentencing Council for England and Wales

Guidelines

Allocation guidelines
122
1
In this Chapter “allocation guidelines” means guidelines relating to
a
decisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43) ... as to whether an offence is more suitable for summary trial or trial on indictment
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.
S. 122 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8
Words in s. 122(1)(a) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(b)
Words in s. 122(1) renumbered as s. 122(1)(a) (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(a)
S. 122(1)(b) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(c)