3.1.1 Ensure that a non-custodial sentence will always be first considered when sentencing such mothers 35. The African Committee is fully aware that sentencing procedures are diverse and complex in the various States Parties to the African Children‟s Charter. The African Committee is also aware that many States Parties do not take into account the childcaring responsibilities of a convicted person when they are taking decisions on sentencing. 36. Implementation of Article 30 requires that States parties review their sentencing procedure and reform it accordingly so that: (a) A sentencing court should find out whether a convicted person is a primary caregiver whenever there are indications that this might be so. (b) The court should also ascertain the effect on the children concerned of a custodial sentence if such a sentence is being considered. (c) If the appropriate sentence is clearly custodial and the convicted person is a primary caregiver, the court must apply its mind to whether it is necessary to take steps to ensure that the children will be adequately cared for while the caregiver is incarcerated. (d) If the appropriate sentence is clearly non-custodial, the court must determine the appropriate sentence, bearing in mind the best interests of the child. 16