2.8.4. Prompt and direct information of the charges
A child accused of an offence should be informed promptly and directly of his charges in a language he
understands. This may be done in the presence of the child`s parents or legal guardians. 32 An oral
explanation is encouraged than simply providing the child with the official document.
2.8.5. Legal and other appropriate assistance
Both the CRC and the ACRWC provide that a child must be afforded legal or other appropriate assistance in
the preparation of his defence.33 There should be adequate time and facilities for the preparation of the
defence.34 The child is also entitled to free assistance of an interpreter if he cannot understand or speak the
language used.35 The assistance of an interpreter should be afforded to the child throughout the juvenile
justice process. The Committee has also recommended that states parties should ensure that children with
speech impairment or other disabilities are provided with adequate and effective assistance by well trained
professionals where they are subject to the juvenile justice process.36
2.8.6. Decisions without delay and with involvement of parents
The child has a right to have the matter determined without delay by a competent, independent and impartial
authority or court.37The time frame from the commission of the offence to the final decision should be as
short as possible. The CRC also provides that every child deprived of his liberty should have the right to
prompt access to legal and other appropriate assistance and to a prompt decision on any such action. 38 States
should set and implement time limits from the commission of the offence to the final adjudication and
disposition by the court. The parents or legal guardians must be notified of the apprehension of the child so
as to promote parental involvement so that they provide general psychological and emotional assistance to
the child during the proceedings. 39
2.8.7. Freedom from compulsory self-incrimination
A child should not be compelled to testify against himself or confess guilt.40A child must therefore not be
subjected to torture, cruel, inhuman and degrading treatment meant to force an admission or a confession.
The child`s age, development, the length of the interrogation, the child`s lack of understanding, the fear of
the unknown consequences or of a suggested possibility of imprisonment may lead a child to make a
confession which is not true.41 This can be avoided by the presence of legal and other representative during
questioning. The Constitution protects the right of every accused person, including children, to remain silent
and not to testify or be compelled to give self incriminating evidence,
2.8.8. Presence and examination of witnesses
A child has the right to “examine or have examined adverse witnesses and to obtain the participation and
examination of witnesses on his or her behalf under conditions of equality.”42 The child should be informed
of the possibility to examine witnesses and to allow him to express his views in that regard, views which
should be given due weight in accordance with the age and maturity of the child.43
32
Article 40(2)(b)(ii) of the CRC and Article 17(2) © (ii) of the ACRWC
Article 40(2)(b)(ii) of the CRC and Article 17(2)©(iii) of the ACRWC
34
Article 14(3)(b) of the ICCPR
35
Article 40(2)(vi) of the CRC
36
General Comment No. 10 (2007) op cit p15
37
Article 40(2)(b)(iii) of the CRC, Article 17(2)(c)(iv) of the ACRWC and Article 14(2)© of the ICCPR
38
Article 37(d) of the CRC
39
General Comment No. 10 (2007) op cit p13
40
Article 40(2)(b)(iv) of the CRC and Article 14(2)(g) of the ICCPR
41
General Comment No. 10 (2007) op cit p 14
42
Article 40(2)(b)(iv) of the CRC
43
Article 16 of the CRC
33
12