EWCA Crim 553
Sentences for theft offences and driving offences that had been imposed by a recorder outside of his sentencing powers were restructured, but the sentence length was not excessive and remained the same. Prosecuting counsel had a duty to prepare their cases fully and to be in a position to direct the sentencing judge as to his powers and to ensure that he did not make a mistake. If they were in any doubt about what had been imposed, they were under a duty to ask for clarification.
CA (Crim Div) (Dyson LJ, Maddison J, Sir Richard Curtis)