A/74/136 B. 1. Situation-specific recommendations Administration of justice 107. The Independent Expert recommends that States establish child justice systems with specialized structures and mechanisms offering free legal aid to all children regardless of age and family income, effective procedural safeguards, adequate, accessible and high-quality diversion and non-custodial solutions at all stages of the proceedings. 108. States are urged to eliminate status offences, and to decriminalize child specific and “immoral” offences, including on grounds of sexual orientations and gender identities. 109. States should establish a minimum age of criminal responsibility, which shall not be below 14 years of age. 110. States should not automatically transfer children deprived of liberty who reach 18 years of age to the adult criminal justice system. 111. Police custody for children should not exceed 24 hours. Pretrial detention should be avoided as far as possible and should in no case last longer than 30 days until the child is formally charged, or 6 months until a judgment is rendered. 112. Capital and corporal punishment and life sentences should never be imposed on a child. States should set a maximum penalty for children accused of crimes, which reflects the principle of “shortest appropriate period of time”. Children should never be subjected to solitary confinement. 113. States should prioritize restorative justice, diversion from judicial proceedings and non-custodial solutions. 2. Children living in prisons with their primary caregivers 114. In all matters related to criminal proceedings involving primary caregivers of young children, usually mothers, it is essential to ensure recognition of the affected children as rights holders. When the detention in the criminal justice system of a primary caregiver could result in the de facto deprivation of liberty of a child, States should incorporate the best interests of the child principle into all relevant decisions. 115. When a primary caregiver of a young child is convicted of a criminal offence, judges should prioritize non-custodial solutions. 116. If imprisonment is unavoidable, individualized assessments of the child’s best interests should inform any decision about whether and when a child should accompany a caregiver in prison or be separated from her or him. This applies to children born prior to the criminal justice proceedings, as well as to those born to an imprisoned mother. 117. Adequate provisions shall be made for the care of the children entering prison with their caregiver, and age-appropriate facilities and services shall be supplied to safeguard and promote their rights to survival, protection, development and participation while in prison. 118. Children living with a caregiver in prison shall be scrupulously protected from violence, trauma and harmful situations. 119. Caregivers and their children should ideally be released together. 20/23 19-11838