A sentencing judge's erroneous application of a more restrictive sentencing provision (s 5(2HC) of the Sentencing Act 1991) that was not yet in force at the time of offending does not warrant resentencing where the offending was so serious that the error had no material effect on the sentence imposed. The Court of Appeal has no jurisdiction to review a Magistrates' Court sentence in the course of an appeal against a County Court sentence. The question whether recklessly causing injury in prison constitutes a 'prison offence' under s 16(3) was left open but the Court indicated there was 'obvious force' in the proposition that assaultive conduct causing injury falls within the definition.
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