2016 CR!M I:'\.\L PalcEmJ~E .-'l.c"lD EviDENCE AM El\'DM ENr shall, subject to subsection ( I 0), s ubrnit them to the\ Iinister for publication as regulations in terms of section 389, and upon such publication the courts shall pay due regard to the applicable sentencing guidelines when sentencing offenders and, while not being bound by the guidelines, must, when departing from them in any case, record the reasons for doing so. ( 10) The !vlinister must publish the draft sentencing guidelines substantially in the form in which he or she receives them from the Judicial Service Commission, unless he or she has any substantial objections to them, in which event the \Iinister must return them (together with written notification of his or her objections and of the reasons for them) to Judicial Service Commission for consideration of his or her objections by the Judicial Service Commission or, if the Commission so determines. at the next judicial conference following the notification of his or her objections. ( ll) If after notification of the \ linister 's objections to the draft sentencing guidelines the Judicial Service Commission or, as the case may be. the next judicial conference(a) upholds the ?vlinister's objections, the Judicial Service Commission shall resubmit them with the appropriate amendments to the Minister for publication as regulations in terms of section 389; (b) declines. in whole or in part, lo uphold the Minister's objections, the Judicial Service Commission shall resubmit them. together with the reasons for the ('om mission or the judicial conference so declining, to the \Iinister. who may thereupon(i) publish them substantially in the form in which he or she first received them from the Judicial Service Commission; or (ii) publish such part of them as the:\ !inisterdid not object to in his or her original notification of objections under subsection (7); or (iii) refuse to publish them as regulations in terms of section 389. ( 12) Sentencing guidelines may he amended, replaced or revoked by a subsequent judicial conference, and thereupon subsections (5) to ( 11) shall apply to such amendment, replacement or re\'ocation. ". 42 Amendment of section 336 of Cap. 9:07 Section 336 ("Nature of punishments")( 1) of the principal Act is amended by the repeal of paragraph (a) and the substitution of"(a) 43 in the case of the High Court, sentence of death. where the offender is convicted of murder in aggravating circumstances;". New sections substituted for sections 337 and 338 of Cap. 9:07 Sections 337 and 338 of the principal Act are repealed and substituted by"337 Sentence for murder ( 1) Subject to section 338. the High Court may pass sentence of death upon an offender convicted by it of murder if it finds that the murder was committed in aggravating circumstances. 59 No.2