14/ Guidelines on the conditions of arrest, police custody and pre-trial detention in Africa 3 PART PRE-TRIAL DETENTION 10. General provisions a. For the purpose of these Guidelines, ‘pre-trial detention’ refers to the period of detention ordered by a judicial authority pending trial. b. Pre-trial detention is a measure of last resort and should only be used where necessary and where no other alternatives are available. c. Persons charged with a criminal offence that does not carry a custodial penalty shall not be subject to a pre-trial detention order. d. All persons shall have the right to a fair trial, within a reasonable time, in accordance with international law and standards, including the principles set out in the African Commission on Human and Peoples’ Rights’ Guidelines on the Right to a Fair Trial and Legal Assistance in Africa. e. Pre-trial detainees shall be provided with information on court sessions and any adjournments of court sessions. f. Pre-trial detainees shall only be held in a formally recognised and gazetted place of detention. Information on the gazetted places of police custody and pre-trial detention should be readily accessible. g. Pre-trial detainees should be held in detention facilities as close to their home or community as possible, taking into account any caretaking or other responsibilities. 11. Safeguards on pre-trial detention orders a. Judicial authorities shall only order pre-trial detention: i. On grounds that are clearly established by law and which are consistent with international standards, and not motivated by discrimination of any kind such as on the basis of race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth, disability or any other status; and