No.2 2016 (2) Any examination of an accused person conducted pursuant to an order of a com1 in terms of subsection (I )(a) shall he conducted with strict regard for decency and decorum. (3) f:\·idence referred to in subsection (l)(h) shall not be inadmissible solely on the ground that it was taken or ascertained against the wish or the will of the accused person. (4) Any finger-prints, palm-prints, footprints, photographs or samples and the records of any steps taken under this section shall be destroyed if the person concerned is found not guilty at his or her trial or if his or her conviction is set aside hy a superior court or if the charge against him or her is withdrawn. (5) Section41B(6) applies, with such changes as may he necessary, to a person referred to in subsection (4).". 41 New section inserted in Cap. 9:07 The principal Act is amended by the insertion after section 334 of the following section- "334A Sentencing guidelines ( 1) In this section"draft sentencing guidelines" means sentencing guidelines that have not been published in accordance with subsection (1 0) or ( 11 )(h) (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 tine or a specific period of imprisonment or both that is midway betweenanaugmentedpenalty 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 arc 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 f011h 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 le\'els of any fine or maximum, minimum and presumptive lengths of any sentence of imprisonment. (3) The .I udicial Service C:ommission may from time to time convene a conference bringing together representati\·es of-· (a) judges of the Constitutional Court, the Supreme Court. and the High Court; and 57