Whatever form it takes, the African Committee recommends that the Guidelines for the Alternative Care of Children are consulted and followed 14.The process of identifying alternative care should begin, ideally, immediately following arrest. Whether such care is appropriate should be decided on a case-by-case basis and grounded in the principle of the best interests of the child15. Alternative care provision should be supervised and reviewed regularly. The child should be fully consulted and have his or her views taken into account when making decisions about placements. 3.1.2 Establish and promote measures alternative to institutional confinement for the treatment of such matters Alternative measures to pre-trial detention 41. The purpose of detaining an accused person pre-trial or during trial is to secure their attendance at court and to ensure the protection of witnesses and/ or victims. Such detention can have a serious impact upon children yet judges rarely consider a mother or father's caring responsibilities when determining pre-trial measures. Nor do they take into account the fact that childcare responsibilities may be an indication that alleged offenders are unlikely to abscond and that pre-trial detention is therefore less likely to be necessary. 42. Furthermore, the period of pre-trial detention can be very lengthy therefore increasing the length of time a child is kept from their parent/ primary caregiver. If acquitted, the mother/ parent and child have to build their relationship from where it left off (if the child was not detained with the mother/ parent). This is not an easy endeavour and without the necessary support, can be to the detriment of the parent/ child relationship. In relation to pre-trial and trial detention, the uncertainty of whether a parent will or might return can have a negative impact on the stability of the child‟s home environment. 14 U.N. General Assembly, 64th Session. Guidelines for the Alternative Care of Children (A/RES/64/142). 24 February 2010 15 See the UN Guidelines for the Alternative Care of Children at paras 48 and 82 18

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