States parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.42 The Advisory Council also notes Article 6(5) of the ICCPR which states that the death penalty cannot be imposed on a person who committed an offence while under the age of 18 and the unqualified right to life contained in Art 6(1) of the CRC and Rule 17.2 of the Beijing Rules. Article 40(4) of the CRC suggests ways in which the imposition of penalties on minors should be tailored to address the special status of minors. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their wellbeing and proportionate both to their circumstances and the offence.43 The Beijing Rules and other related rules set out the principles that are to be considered by a competent authority when determining the disposition that is to be imposed on a juvenile offender. The reaction to the offending should always be in proportion not only to the circumstances and gravity of the offence but also to the circumstances and needs of the juvenile offender (and to the needs of society). Restrictions on personal liberty should be limited to the minimum possible and deprivation of liberty should not be imposed except in the most serious of cases, for example serious acts of violence or persistent serious offending, and where there is no other appropriate response. The well-being of the juvenile offender is to be the guiding factor in the consideration of his or her case.44 42 Article 40 then sets out principles that State parties are to have particular regard to, including: (a) A prohibition on retroactive application of the law (Article 40(2)(a), CRC), (b) Presumption of innocence (Article 40(2)(b)(i), CRC; Article 14(2), ICCPR; see also Rule 7.1, Beijing Rules, Principle 36, Body of Principles on Detention), (c) Right to be informed promptly and directly of charges against the child (Article 40(2)(b)(ii), CRC; see also Article 14(3)(a), ICCPR), (d) Right to legal or other appropriate assistance in the preparation and presentation of a defence (Article 40(2)(b)(ii), CRC; Article 14(3)(b), ICCPR; Rule 15.1 Beijing Rules), (e) Right to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law (Article 40(2)(b)(iii), CRC; see also Article 14(1), ICCPR), (f) Right not to testify or confess guilt (Article 40(2)(b)(iv); CRC; Article 14(3)(g), ICCPR), (g) Right to appeal to a higher authority (Article 40(2)(b)(v), CRC; Article 14(5) ICCPR), (h) Right to free assistance of an interpreter (Article 40(2)(b)(vi), CRC; Article 14(3)(f), ICCPR), and (i) Right to privacy throughout the process (Article 40(2)(b)(vii), CRC; Rule 8.1, Beijing Rules). 43 Rule 18 of the Beijing Rules provides a more comprehensive list of possible disposition measures that should be available to the competent authority in relation to juvenile offenders which include community service orders, financial penalties, compensation and restitution. 44 Rule 17.1; Beijing Rules. 44