CRC/C/GC/10
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Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii))
47. Every child alleged as or accused of having infringed the penal law has the right to be
informed promptly and directly of the charges brought against him/her. Prompt and direct means
as soon as possible, and that is when the prosecutor or the judge initially takes procedural steps
against the child. But also when the authorities decide to deal with the case without resorting to
judicial proceedings, the child must be informed of the charge(s) that may justify this approach.
This is part of the requirement of article 40 (3) (b) of CRC that legal safeguards should be fully
respected. The child should be informed in a language he/she understands. This may require a
presentation of the information in a foreign language but also a “translation” of the formal legal
jargon often used in criminal/juvenile charges into a language that the child can understand.
48. Providing the child with an official document is not enough and an oral explanation may
often be necessary. The authorities should not leave this to the parents or legal guardians or the
child’s legal or other assistance. It is the responsibility of the authorities (e.g. police, prosecutor,
judge) to make sure that the child understands each charge brought against him/her. The
Committee is of the opinion that the provision of this information to the parents or legal
guardians should not be an alternative to communicating this information to the child. It is most
appropriate if both the child and the parents or legal guardians receive the information in such a
way that they can understand the charge(s) and the possible consequences.
Legal or other appropriate assistance (art. 40 (2) (b) (ii))
49. The child must be guaranteed legal or other appropriate assistance in the preparation and
presentation of his/her defence. CRC does require that the child be provided with assistance,
which is not necessarily under all circumstances legal but it must be appropriate. It is left to the
discretion of States parties to determine how this assistance is provided but it should be free of
charge. The Committee recommends the State parties provide as much as possible for adequate
trained legal assistance, such as expert lawyers or paralegal professionals. Other appropriate
assistance is possible (e.g. social worker), but that person must have sufficient knowledge and
understanding of the various legal aspects of the process of juvenile justice and must be trained
to work with children in conflict with the law.
50. As required by article 14 (3) (b) of ICCPR, the child and his/her assistant must have
adequate time and facilities for the preparation of his/her defence. Communications between the
child and his/her assistance, either in writing or orally, should take place under such conditions
that the confidentiality of such communications is fully respected in accordance with the
guarantee provided for in article 40 (2) (b) (vii) of CRC, and the right of the child to be protected
against interference with his/her privacy and correspondence (art. 16 of CRC). A number of
States parties have made reservations regarding this guarantee (art. 40 (2) (b) (ii) of CRC),
apparently assuming that it requires exclusively the provision of legal assistance and therefore by
a lawyer. That is not the case and such reservations can and should be withdrawn.
Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))
51. Internationally there is a consensus that for children in conflict with the law the time
between the commission of the offence and the final response to this act should be as short as