259. Determination of DPP's appeal

259. Determination of DPP's appeal

(1) An appeal under section 257 must be conducted as a rehearing and the respondent is not bound by the plea entered in the Magistrates' Court.

(2) On the hearing of an appeal under section 257, the County Court—

(a) must set aside the sentence of the Magistrates' Court; and

(b) may impose any sentence which the County Court considers appropriate and which the Magistrates' Court imposed or could have imposed; and

(c) may exercise any power which the Magistrates' Court exercised or could have exercised.

(3) In imposing a sentence under subsection (2), the County Court must not take into account the element of double jeopardy involved in the respondent being sentenced again, in order to impose a less severe sentence than the court would otherwise consider appropriate.

(4) The County Court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Magistrates' Court that was set aside on the appeal.

(5) A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the County Court.