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
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