113. Detention is therefore a measure of last resort and can only be justified where other less invasive or coercive measures have been considered and found insufficient to safeguard the lawful governmental objective pursued by detention. Alternatives to detention – from reporting requirements or bail/bond systems to structured community supervision and/or case management programmes – are part of any assessment of the necessity and proportionality of detention. General principles relating to detention apply a fortiori to children who as a rule are not to be detained in any circumstances. 114. Where persons awaiting statelessness determination are detained they must not be held with convicted criminals or individuals awaiting trial.68 Moreover, judicial oversight of detention is always necessary and detained individuals need to have access to legal representation, including free counselling for those without means. 115. For stateless persons, the absence of status determination procedures to verify identity or nationality can lead to prolonged or indefinite detention. Statelessness determination procedures are therefore an important mechanism to reduce the risk of prolonged and/or arbitrary detention. 67 Please see the UN Human Rights Committee’s decisions in van Alpen v Netherlands, Communication No. 305/1988, 23 July 1990, http://www.refworld.org/docid/525414304.html paragraph 5.8; A v Australia, CCPR/ C/59/D/560/1993, 30 April 1997, http://www.refworld.org/docid/3ae6b71a0.html paragraph 9.4; and Danyal Shafiq v Australia, CCPR/C/88/D/1324/2004, 13 November 2006, http://www.refworld.org/docid/47975af921.html paragraph 7.3. In the context of refugees, UNHCR Executive Committee Conclusion 44 (XXXVII) of 1986 on detention of refugees and asylum-seekers, available at: http://www.refworld.org/docid/3ae68c43c0.html states that detention of asylum-seekers should normally be avoided but if necessary should only occur on grounds prescribed by law in order to determine the identity of the individual; in order to obtain the basic facts of the case; where an individual has purposely destroyed documentation or presented fraudulent documentation in order to mislead the authorities; and/or where there are national security or public order concerns. Please see also UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of AsylumSeekers and Alternatives to Detention, 2012, http://www.unhcr.org/505b10ee9.html 68 Please see similarly guidance in relation to detention of asylum-seekers, ibid. 111 - 115 PART TWO security of person, prohibits unlawful as well as arbitrary detention. For detention to be lawful, it must be regulated by domestic law, preferably with maximum limits set on such detention, and subject to periodic and judicial review. For detention not to be arbitrary, it must be necessary in each individual case, reasonable in all the circumstances, proportionate and non-discriminatory. Indefinite as well as mandatory forms of detention are arbitrary per se.67 41