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contains various powers and obligations of the County Court in determining a DPP appeal, including that it is to be conducted as a rehearing, with the result that the respondent is not bound by the plea entered in the Magistrates' Court. The County Court must set aside the sentence of the Magistrates' Court and impose any appropriate sentence which the Magistrates' Court could have imposed and exercise any power which the Magistrates' Court could have exercised. In imposing a sentence, 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. This exclusion of double jeopardy as a factor has been done in relation to all relevant DPP appeals. Its primary operation is in relation to DPP appeals against sentence to the Court of Appeal and it is discussed in detail in relation to clauses 289 and 290. A sentence may be backdated to a date on or before the date of the original sentence of the Magistrates' Court and a sentence imposed under this clause is for all purposes to be regarded as a sentence of the County Court. Division 3—Appeal by DPP—Failure to fulfil undertaking