CRC/C/GC/24 Prompt and direct information of the charge(s) (art. 40 (2) (b) (ii)) 58. Every child alleged as or accused of having infringed the criminal 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 police, the prosecutor or the judge initially takes procedural steps against the child. When the authorities decide to deal with the case with a diversion measure, the child must be informed of the charge(s) on which this is based, and must understand his or her legal options. 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, including a “translation” of the formal legal jargon into childfriendly language. 59. Providing the child with an official document is insufficient and an oral explanation is necessary. Providing this information to parents/guardians/legal or other assistants is insufficient. The authorities should not leave the explanation of the charges to such persons. It is the responsibility of the authorities (police, prosecutor, judge) to ensure that the child understands each charge brought against him/her. It is most appropriate if both the child and the parents/ 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)) 60. States shall ensure that the child is guaranteed legal or other appropriate assistance from the outset of the proceedings in the preparation and presentation of his/her defence. The CRC does require that the child be provided with assistance, which is not necessarily under all circumstances legal but it must be appropriate. 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. In general comment No. 10 (2007), this Committee recommended such reservations should be withdrawn. 61. The Committee has become concerned, however, that many children in some States parties are facing charges in courts and being deprived of liberty, without having the benefit of legal representation. The Committee notes that in terms of 14 (3) (d) of ICCPR the right to legal representation is a minimum guarantee in the criminal justice system for all persons, and should equally apply to children. While this article allows the person to defend him/herself in person in any case where “the interests of justice so require”, that person will be assigned legal assistance. 62. In the light of this, the Committee is concerned that children are being provided with less protection than international law guarantees for adults. The Committee recommends that states provide legal representation for all children who are facing charges in juvenile courts. If children are being diverted to programmes or are being assisted in a system which does not result in convictions, criminal records or deprivation of liberty, ‘other assistance’ may be an acceptable form of assistance, although states that can provide legal representation for children during all processes should do so. Legal representation shall be provided free of charge to the child. 63. Where other appropriate assistance is permissible (e.g. social worker or para-legal), 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. It is left to the discretion of States parties to determine how this assistance is provided but it should be free of charge. The legal or other appropriate assistance should be present not only in the trial before the court or other judicial body but also in all other stages of the juvenile justice process, beginning with the interviewing (interrogation) of the child by the police, the decision of the prosecutor (or other competent body) to bring charges against the child, and the final decision by the court or other competent judicial body. 64. 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 assistant, either in writing or orally, should take place under such conditions that the confidentiality of such communications is fully respected in accordance 13

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