A court had had no power to impose a sentence under the Criminal Justice Act 2003 s.181 as the legislation had not been in force at the time. Advocates had a duty to the court to know its sentencing powers and to correct a judge if he was wrong. The appropriate route for an appeal against sentence was not to the Divisional Court but to the Court of Appeal (Criminal Division).

[2005] EWHC 2839 (Admin)

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