s 122 Allocation guidelines
(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 — (a) seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and (b) if such consent is given , issue the guidelines as definitive guidelines. (5A) The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (5) as soon as practicable after receiving the request. (5B) The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (5) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system. (5C) If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (5), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision. (6) The Council may, from time to time, review the allocation guidelines issued under this section, and may revise them. (7) Subsections (3) to (5C) 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.