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