CRC/C/GC/10
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− The law has to contain specific provisions indicating in which cases diversion is
possible, and the powers of the police, prosecutors and/or other agencies to make
decisions in this regard should be regulated and reviewed, in particular to protect the
child from discrimination;
− The child must be given the opportunity to seek legal or other appropriate assistance on
the appropriateness and desirability of the diversion offered by the competent
authorities, and on the possibility of review of the measure;
− The completion of the diversion by the child should result in a definite and final closure
of the case. Although confidential records can be kept of diversion for administrative
and review purposes, they should not be viewed as “criminal records” and a child who
has been previously diverted must not be seen as having a previous conviction. If any
registration takes place of this event, access to that information should be given
exclusively and for a limited period of time, e.g. for a maximum of one year, to the
competent authorities authorized to deal with children in conflict with the law.
Interventions in the context of judicial proceedings
28. When judicial proceedings are initiated by the competent authority (usually the
prosecutor’s office), the principles of a fair and just trial must be applied (see section D below).
At the same time, the juvenile justice system should provide for ample opportunities to deal with
children in conflict with the law by using social and/or educational measures, and to strictly limit
the use of deprivation of liberty, and in particular pretrial detention, as a measure of last resort.
In the disposition phase of the proceedings, deprivation of liberty must be used only as a measure
of last resort and for the shortest appropriate period of time (art. 37 (b)). This means that States
parties should have in place a well-trained probation service to allow for the maximum and
effective use of measures such as guidance and supervision orders, probation, community
monitoring or day report centres, and the possibility of early release from detention.
29. The Committee reminds States parties that, pursuant to article 40 (1) of CRC, reintegration
requires that no action may be taken that can hamper the child’s full participation in his/her
community, such as stigmatization, social isolation, or negative publicity of the child. For a child
in conflict with the law to be dealt with in a way that promotes reintegration requires that all
actions should support the child becoming a full, constructive member of his/her society.
C. Age and children in conflict with the law
The minimum age of criminal responsibility
30. The reports submitted by States parties show the existence of a wide range of minimum
ages of criminal responsibility. They range from a very low level of age 7 or 8 to the
commendable high level of age 14 or 16. Quite a few States parties use two minimum ages of
criminal responsibility. Children in conflict with the law who at the time of the commission of
the crime are at or above the lower minimum age but below the higher minimum age are
assumed to be criminally responsible only if they have the required maturity in that regard. The
assessment of this maturity is left to the court/judge, often without the requirement of involving a
psychological expert, and results in practice in the use of the lower minimum age in cases of