procedures, written notices to appear at court and life bonds. It is the opinion of the African Committee that these measures should be given priority over detaining an accused person, especially if such person is a parent/primary caregiver of a child. Alternative measures for sentencing 47. The situation with post-trial sentences is slightly different in that, if it is a prison sentence, it would normally last for a certain, predetermined period of time. Be that as it may, the impact that this sentence would have on a child, would still be negative (whether the child is placed in alternative care while the parent/primary caregiver is imprisoned or whether the child still stays with a remaining caregiver). Hence the importance of establishing and promoting measures alternative to the institutional confinement of parents in criminal matters relating to them. 48. A sentence of a custodial nature is not the only form of sentencing in States Parties but is frequently used. Other forms of sentencing convicted persons include community service related sentences, correctional supervisions, fines, and sentences of a restorative justice nature (such as victim-offender mediation and family group counselling), amongst others. The Kadoma Declaration of 1997 calls on African States to promote community service orders that are in conformity to African traditions, as an alternative to custodial sentences in certain cases. This alternative sentencing phenomena is thus not new to the African continent. 49. It goes without saying that not all States Parties have these sentence options for convicted adults within their legal framework. The African Committee therefore encourages States Parties to pass the necessary legislation to give effect to such sentences and to implement said legislation. Where States Parties do have alternatives to custodial sentencing options in place, presiding officers should have the ability to carefully balance all the interests in relation to sentencing and place a special emphasis on the best interest of a child in handing down his/ her sentence on a parent/primary caregiver. 3.1.3 Establish special alternative institutions for holding such mothers 20

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