considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances.37 The Beijing Rules further add in relation to the detention of a child, that upon apprehension, a judge or other competent official or body must, without delay, consider the issue of release.38 They reiterate that detention pending trial is to be used only as a measure of last resort and for the shortest possible period of time.39 Whenever possible, detention pending trial shall be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home.40 Search and seizure While there is no specific international human rights instrument that relates to search and seizure powers in relation to children, there are certain international principles that authorities should take into account when exercising such powers in relation to minors. The fundamental principle is that such powers should always be exercised taking into account as a primary consideration the ‘best interests of the child’ as established in Article 3(1) of the CRC. Further, all minors have the right not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour and reputation.41 In accordance with Article 16(2) of the CRC, ‘the child has the right to the protection of the law against such interference or attacks’. The exercise of powers of search and seizure must also be non-discriminatory. Criminal Charges and Penalties The CRC establishes a framework in relation to children who are accused of or who have been found guilty of a criminal charge. Article 40(1) of the CRC provides: 37 The same Article reiterates the rights expressed in the ICCPR. Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision or any such action. The United Nations Rules (in Rule 6) expand on the ICCPR guarantees to provide that children in detention who are not fluent in the language spoken by the personnel of the detention facility are entitled to the free assistance of an interpreter whenever necessary and in particular during medical examinations and disciplinary proceedings. 38 Rule 10.2, Beijing Rules. 39 Rule 13.1, Beijing Rules. 40 Rule 13.2, Beijing Rules. The Advisory Council also notes the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and related rules. 41 Article 16(1), ICCPR. 43