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infringement of the penal law should take place behind closed doors. This rule allows for the
presence of experts or other professionals with a special permission of the court. Public hearings
in juvenile justice should only be possible in well-defined cases and at the written decision of the
court. Such a decision should be open for appeal by the child.
66. The Committee recommends that all States parties introduce the rule that court and other
hearings of a child in conflict with the law be conducted behind closed doors. Exceptions to this
rule should be very limited and clearly stated in the law. The verdict/sentence should be
pronounced in public at a court session in such a way that the identity of the child is not
revealed. The right to privacy (art. 16) requires all professionals involved in the implementation
of the measures taken by the court or another competent authority to keep all information that
may result in the identification of the child confidential in all their external contacts.
Furthermore, the right to privacy also means that the records of child offenders should be kept
strictly confidential and closed to third parties except for those directly involved in the
investigation and adjudication of, and the ruling on, the case. With a view to avoiding
stigmatization and/or prejudgements, records of child offenders should not be used in adult
proceedings in subsequent cases involving the same offender (see the Beijing Rules, rules 21.1
and 21.2), or to enhance such future sentencing.
67. The Committee also recommends that the States parties introduce rules which would allow
for an automatic removal from the criminal records of the name of the child who committed an
offence upon reaching the age of 18, or for certain limited, serious offences where removal is
possible at the request of the child, if necessary under certain conditions (e.g. not having
committed an offence within two years after the last conviction).
E. Measures (see also chapter IV, section B, above)
Pretrial alternatives
68. The decision to initiate a formal criminal law procedure does not necessarily mean that this
procedure must be completed with a formal court sentence for a child. In line with the
observations made above in section B, the Committee wishes to emphasize that the competent
authorities - in most States the office of the public prosecutor - should continuously explore the
possibilities of alternatives to a court conviction. In other words, efforts to achieve an
appropriate conclusion of the case by offering measures like the ones mentioned above in
section B should continue. The nature and duration of these measures offered by the prosecution
may be more demanding, and legal or other appropriate assistance for the child is then necessary.
The performance of such a measure should be presented to the child as a way to suspend the
formal criminal/juvenile law procedure, which will be terminated if the measure has been carried
out in a satisfactory manner.
69. In this process of offering alternatives to a court conviction at the level of the prosecutor,
the child’s human rights and legal safeguards should be fully respected. In this regard, the
Committee refers to the recommendations set out in paragraph 27 above, which equally apply
here.