122. The procedure regarding detention of children is provided for under the CCPJA. In addition to provisions on Criminal Procedure and Evidence Code and in order to actualize the overarching principle, the CCPJA provides for guidelines when arresting a child in conflict with the law. At the time of arrest of a child, the arresting officer shall not use physical abuse or harassment nor use handcuffs. A child in detention shall be separated from adults and if possible, the child shall be arrested in the company of parents or guardians, if possible, if not, an appropriate adult. If the parents or guardians are not available, they shall be informed, as soon as possible, where possible. In serious offences, legal representation should be provided. 123. As soon as a child is arrested, he or she shall be referred to a probation officer for age estimation. Age determination must be done at a preliminary inquiry based on the available evidence, if the age is not known. Comprehensive provisions on age determination are contained in the CCPJA in order to ascertain the age of the offender for purposes of determining criminal responsibility and the application of the law. The age of criminal responsibility provided for under the Penal Code as 10 years. 124. A process of diverting a child offender away from the normal criminal justice system procedures has been provided for under the CCPJA. The philosophy behind Diversion is that the effects of subjecting a child offender to a fully-fledged criminal justice system are far more detrimental than diverting the offender from the system. Other comprehensive provisions and structures have been adopted e.g. Child panels. However, the CCPJA provides that not all cases can be diverted as only minor cases can be diverted. Diversion programmes have been provided for under the CCPJA and a separate court system, the Child Justice Courts have been established. 125. Systematic provisions on legal representation including representation at state expense have been provided for under the CCPJA. In terms of court procedure, proceedings shall be held in camera and shall be informal in nature. No jury trial shall be held against a child unless it is necessary and to do so is in the best interests of the child. 126. For purposes of detention, the CCPJA has provided for special places for children on remand. The places are being referred to as Safety Homes. After trial, a child cannot be imprisoned and children against whom a finding of responsibility has been made shall be 37 | P a g e