DOC/OS(XXX)247 Page 19 the rights of the child, shall take into account the vulnerability of children and shall promote the child’s rehabilitation. n) Every child accused of having committed a criminal offence shall have the following additional guarantees: (i) to be presumed innocent until proven guilty according to the law; (ii) to be informed promptly and directly, and in a language that he or she understands, of the charges, and if appropriate, through his or her parents or legal guardians; (iii) to be provided by the State with legal or other appropriate assistance in the preparation and presentation of his or her defence; (iv) to have the case determined expeditiously by a competent, independent and impartial authority or judicial body established by law in a fair hearing; (v) to have the assistance of a legal representative and, if appropriate and in the best interests of the child, his or her parents, a family relative or legal guardians, during the proceedings; (vi) not to be compelled to give testimony or confess guilt; to examine or have examine adverse witnesses and to obtain the participation of witnesses on his or her behalf under conditions of equality; (vii) if considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law; (viii) to have the free assistance of an interpreter if he or she cannot understand or speak the language used; (ix) to have his or her privacy fully respected at all stages of the proceedings. o) In disposing of a case involving a child who has been found to be in conflict with the law, the competent authority shall be guided by the following principles: (i) The action taken against the child shall always be in proportion not only to the circumstances and gravity of the offence but also the best interest of the child and the interests of society; (ii) Non-custodial options which emphasise the value of restorative justice should be given primary consideration and restrictions on the personal liberty of a child shall only be imposed after careful consideration and shall be limited to the possible minimum. Noncustodial measures could include: (1) Care, guidance and supervision orders; (2) Probation; (3) Financial penalties, compensation and restitution; (4) Intermediate treatment and other treatment orders (5) Orders to participate in group counselling and similar activities; (6) Orders concerning foster care, living communities or other educational settings (iii) A child shall not be sentenced to imprisonment unless the child is adjudicated of having committed a serious act involving violence against another person or of persistence in committing other serious offences and unless there is no other appropriate response; (iv) Capital punishment shall not be imposed for any crime committed by children and children shall not be subjected to corporal punishment. p) States shall ensure that child witnesses are able to give their best evidence with the minimum distress. Investigation and practices of judicial bodies should be adapted to afford greater protection to children without undermining the defendant’s right to a fair trial. States are required, as appropriate, to adopt the following measures in regard to child witnesses: (i) Child witnesses shall not be questioned by the police or any investigating official without the presence of his or her parents, a family relative or legal guardians, or where the latter are not traceable in the presence of a social worker; (ii) Police and investigating officials shall conduct their questioning of child witnesses in a manner that avoids any harm and promotes the well-being of the child;