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against him or her is withdrawn.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
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