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withdrawn.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
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