24/ Guidelines on the conditions of arrest, police custody and pre-trial detention in Africa iii. If there is uncertainty regarding the age of an arrested or detained person, but reason to believe that the person may be under the age of 18, the State must ensure that the person is to be treated as a child if and until such time as his or her age is determined to be 18 years or older. States shall have in place a process of age assessment for children. b. iv. A child may only be detained in police custody or pre-trial detention as a measure of last resort and for the shortest possible period of time. v. Every child deprived of his or her liberty shall be treated with humanity and respect, and in a manner that takes into account the needs of persons of his or her age. Diversion and alternatives to pre-trial detention i. States shall enact laws and establish policies that prioritise non-custodial alternatives and diversion programmes for children in conflict with the law. Where possible, pre-trial detention shall be replaced by alternative measures. ii. States shall have in place a process of preliminary inquiry to establish whether the case can be diverted from the criminal justice system and, if it can, what diversion option (for example, care, guidance and supervision orders, counselling, foster care, education and vocational training, or other alternatives to institutional care) is suitable for the child, taking into account the best interests of the child. iii. The preliminary inquiry process shall consider factors such as the estimated age of the child, any previous convictions or diversions, whether the child is in need of care and protection and whether the child was used by an adult to commit the offences. The preliminary inquiry process shall take place within the first 48 hours of the child’s arrest, and shall take account of the right of children and their parent(s) or guardian(s) to full participation in proceedings. c. Safeguards for arrest If the arrest of a child is absolutely necessary, then upon arrest: i. The child’s parent(s) or guardian(s) and the authority charged with the welfare of the child shall be immediately notified where such notification is in the best interests of the child. ii. The child and, unless it is not in his or her best interests, the child’s parent(s) or legal guardian(s), must be informed promptly and directly of the charges against him or her, his or her rights as a criminal accused and his or her rights to an interpreter (including language and sign interpreters where necessary), a lawyer or other legal services provider. iii. The child must be given access to a lawyer or other legal services provider and the opportunity to consult freely and confidentially with him or her. d. Safeguards for police custody and pre-trial detention If police custody or pre-trial detention of a child is absolutely necessary: i. Detention shall be for the shortest possible period of time. ii. Children shall be detained separately from adults, unless it is in their best interest to be kept with family members also detained. Female children shall be held separately from male children unless it is in their best interest to be kept with family members also detained. iii. Children shall be guaranteed the right to the presence of a parent or guardian at all stages of the proceedings, unless it is considered not to be in the best interests of the child.