• The Charter recognises that children are particularly vulnerable in the criminal process.
  • In addition to the general guarantees in s. 22, additional guarantees in relation to children in the criminal process are contained in s. 23.
  • Whereas s. 22 applies to all persons detained, s. 23 applies only to children detained in the criminal process.

 

  • Section 23 requires:
    • accused children or children detained without charge should be segregated from adults in detention;
    • children should be brought to trial as quickly as possible;
    • children should be treated in a way that is appropriate for their age. Guidance on what this may require is provided on page 146.
  • All of these rights are subject to reasonable limitations that can be demonstrably justified in a democratic and free society.