DOC/OS(XXX)247
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c) States must ensure that law enforcement and judicial officials are adequately trained to deal
sensitively and professionally with children who interact with the criminal justice system
whether as suspects, accused, complainants or witnesses.
d) States shall establish laws and procedures which set a minimum age below which children will
be presumed not to have the capacity to infringe the criminal law. The age of criminal
responsibility should not be fixed below 15 years of age. No child below the age of 15 shall
be arrested or detained on allegations of having committed a crime.
e) No child shall be subjected to arbitrary arrest or detention.
f) Law enforcement officials must ensure that all contacts with children are conducted in a
manner that respects their legal status, avoids harm and promotes the well-being of the child.
g) When a child suspected of having infringed the penal law is arrested or apprehended, his or
her parent, guardians or family relatives should be notified immediately.
h) The child’s right to privacy shall be respected at all times in order to avoid harm being caused
to him or her by undue publicity and no information that could identify a child suspected or
accused of having committed a criminal offence shall be published.
i) States shall consider, wherever appropriate, with the consent of the child and his or parents
or guardians, dealing with a child offender without resorting to a formal trial, provided the
rights of the child and legal safeguards are fully respected. Alternatives to criminal
prosecution, with proper safeguards for the protection of the well-being of the child, may
include:
(i) The use of community, customary or traditional mediation;
(ii) Issuing of warnings, cautions and admonitions accompanied by measures to help the
child at home with education and with problems and difficulties.
(iii) Arranging a conference between the child, the victim and members of the community;
(iv) Making use of community programmes such as temporary supervision and guidance,
restitution and compensation to victims.
j) Detention pending trial shall be used only as a measure of last resort and for the shortest
possible period of time. Any child who has been arrested for having committed a crime shall
be released into the care of his or her parents, legal guardians or family relatives unless there
are exceptional reasons for his or her detention. The competent authorities shall ensure that
children are not held in detention for any period beyond 48 hours.
k) Children who are detained pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
l) Every child arrested or detained for having committed a criminal offence shall have the
following guarantees:
(i) to be treated in a manner consistent with the promotion of the child’s dignity and worth;
(ii) to have the assistance of his or her parents, a family relative or legal guardians from the
moment of arrest;
(iii) to be provided by the State with legal assistance from the moment of arrest;
(iv) to be informed promptly and directly, in a language he or she understands, of the reasons
for his or her arrest and of any charges against his or her, and if appropriate, through his
or her parents, other family relative, legal guardians or legal representative;
(v) to be informed of his or her rights in a language he or she understands;
(vi) not to be questioned without the presence of his or her parents, a family relative or legal
guardians, and a legal representative;
(vii) not to be subjected to torture or any other cruel, inhuman or degrading treatment or
punishment or any duress or undue pressure;
(viii) not to be detained in a cell with adult detainees.
m) States shall establish separate or specialized procedures and institutions for dealing with cases
in which children are accused of or found responsible for having committed criminal
offences. The establishment of such procedures and institutions shall be based on respect for