CRIMINAL PROCEDURE AND EVIDENCE ACT (ii) no hearsay evidence, other than evidence of a statistical nature, and no affidavit, written report or written statement shall be called or tendered by the accused or his legal representative unless the prosecutor consents thereto; (iii) the court in which any affidavit or written report is tendered may cause the person making it to be summoned to give oral evidence in the proceedings; (iv) no hearsay evidence, other than evidence of a statistical nature, shall be given by a witness called by the court pursuant to its powers conferred by section two hundred and thirty-two unless both the prosecutor and the accused or his legal representative consent thereto. (4) [Subsection repealed by s. 26 of Act No. 9 of 2006] (5) Where an accused has been convicted of any offence otherwise than in terms of section two hundred and seventy-one, the provisions of subsection (5) of that section shall apply, mutatis mutandis. (6) Any warrant for the execution of any sentence passed in a criminal case by any court may be issued either by the judge or magistrate who passed the sentence or by any other judge or magistrate of that court. (7) If, in a magistrates court, sentence is not passed upon an offender forthwith upon his conviction or if, by reason of any decision or order of the Supreme Court or High Court, as the case may be, on appeal, review or otherwise, it is necessary to add to or vary any sentence passed in a magistrates court, or to pass sentence anew in such court, any magistrate of that court may, in the absence of the magistrate who convicted the offender or passed the sentence, as the case may be, pass sentence on the offender after consideration of the evidence recorded and in the presence of the offender. 334A Sentencing guidelines (1) In this section— “draft sentencing guidelines” means sentencing guidelines that have not been published in accordance with subsection (10) or (11)(b) (i) or (ii); “judicial conference” means a conference convened in terms of subsection (3); “presumptive penalty” means a penalty expressed as a specific amount of a fine or a specific period of imprisonment or both that is midway between an augmented penalty which may be imposed in aggravating circumstances (whether or not these circumstances are specified in the enactment concerned), and a diminished penalty which may be imposed in mitigating circumstances (whether or not these circumstances are specified in the enactment concerned); “sentencing guidelines” means guidelines relating to the sentencing of offenders, which have been formulated in terms of this section; “table of presumptive penalties” means a table setting forth for each offence included in the table, a presumptive penalty, together with the aggravating and mitigating circumstances that may justify a court in departing from the presumptive penalty. (2) For the avoidance of any doubt it is declared that this section must not be construed as derogating from or infringing upon the exclusive competence of the Legislature to enact punishments for breaches of any law, including the enactment of maximum, minimum and presumptive levels of any fine or maximum, minimum and presumptive lengths of any sentence of imprisonment. (3) The Judicial Service Commission may from time to time convene a conference bringing together representatives of— (a) judges of the Constitutional Court, the Supreme Court and the High Court; and (b) magistrates; and (c) the National Prosecuting Authority; and (d) the Police Service; and 122