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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 ст. 534AGLSpecific treatment in the case of deprivation of liberty.

Title VII

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(1) Children who are detained shall be held separately from adults, unless it is considered to be in the child's best interests not to do so.

(2) Children who are kept in police custody shall be held separately from adults, unless:

(a) it is considered to be in the child's best interests not to do so; or

(b) in exceptional circumstances, it is not possible in practice to do so, provided that children are held together with adults in a manner that is compatible with the child's best interests.

(3) Without prejudice to sub-article (1), when a detained child reaches the age of eighteen (18), that person may continue to be held separately from other detained adults where warranted, taking into account the circumstances of the person concerned, provided that this is compatible with the best interests of children who are detained with that person.

(4) Without prejudice to sub-article (1), and taking into account sub-article (3), children may be detained with young adults, unless this is contrary to the child's best interests.

(5) When children are detained, the detention authorities shall take appropriate measures to:

(a) ensure and preserve their health and their physical and mental development;

(b) ensure their right to education and training, including where the children have physical, sensory or learning disabilities;

(c) ensure the effective and regular exercise of their right to family life;

(d) ensure access to programmes that foster their development and their reintegration into society; and

(e) ensure respect for their freedom of religion or belief:

Provided that the measures taken pursuant to this sub-article shall be proportionate and appropriate to the duration of the detention.

(6) Paragraphs (a) and (e) of sub-article (5) shall also apply to situations of deprivation of liberty other than detention. The measures taken shall be proportionate and appropriate to such situations of deprivation of liberty.

(7) Paragraphs (b), (c), and (d) of sub-article (5) shall apply to situations of deprivation of liberty other than detention only to the extent that is appropriate and proportionate in the light of the nature and duration of such situations.

(8) Children who are deprived of liberty shall be allowed to meet with the holder of parental responsibility as soon as possible, where such a meeting is compatible with investigative and operational requirements, without prejudice to the nomination or designation of another appropriate adult pursuant to article 534AGE or article 534AGN.