A child is held in pre-sentence detention where he or she is deprived of liberty and is awaiting a final decision on his or her case from a competent authority. Legal time limits on pre-trial detention tend to range from 24 to 48 hours before seeing a judge.
Principle of proportionality
This principle implies that the level of intervention should be proportionate to the seriousness of the offence, the harm it has caused and the culpability of the offender.
Probation is a non-custodial measure involving the monitoring and supervision of a child whilst he or she remains in the community. A competent authority, the public prosecutor, the social welfare service or a probation officer usually supervises probation. Probation may be employed as a measure on its own, or following a custodial sentence. During probation, the young person must maintain good behaviour, not commit another offence, and meet any other conditions the court may deem appropriate to impose.