Cap. 9 Art. 534AGGRight to individual assessment.

(1) In the application of the provisions of this Title, the specific needs of children concerning protection, education, training and social integration shall be taken into account.

(2) For the purposes of sub-article (1), children who are suspects or accused persons in criminal proceedings shall be individually assessed. The individual assessment shall, in particular, take into account the child's personality and maturity, the child's economic, social and family background, and any specific vulnerabilities that the child may have:

Provided that the extent and detail of the individual assessment may vary depending on the circumstances of the case, the measures that can be taken if the child is found guilty of the alleged criminal offence, and whether the child has, in the recent past, been the subject of an individual assessment.

(3) The individual assessment shall serve to establish and to note, in accordance with the recording procedure permitted by law, such information about the individual characteristics and circumstances of the child as might be of use to the Court when:

(a) determining whether any specific measure to the benefit of the child is to be taken;

(b) assessing the appropriateness and effectiveness of any precautionary measures in respect of the child;

(c) taking any decision or course of action in the criminal proceedings, including when sentencing.

(4) The individual assessment shall be carried out at the earliest appropriate stage of the proceedings and, subject to sub-article (5), before the child is charged with a criminal offence.

(5) In the absence of an individual assessment, a child may nevertheless be charged with a criminal offence provided that this is in the child's best interests and that the individual assessment is in any event available at the beginning of the trial hearings before a court.

(6) Individual assessments shall be carried out with the close involvement of the child. They shall be carried out by qualified personnel, following, as far as possible, a multidisciplinary approach and involving, where appropriate, the holder of parental responsibility, or another appropriate adult as referred to in articles 534AGE and 534AGN, and, or a specialised professional.

(7) If the elements that form the basis of the individual assessment change significantly in the course of the criminal proceedings, the Court shall order that the individual assessment is updated throughout the criminal proceedings.

(8) The Executive Police or other law enforcement or judicial authority, as the case may be, following consultation with the Director of the Department for Social Welfare Standards, may derogate from the obligation to carry out an individual assessment on a case by case basis where such a derogation is warranted in the circumstances of the case, provided that it is compatible with the child's best interests.