released immediately. If the detention is deemed lawful, it shall be reviewed at reasonable intervals by application of the detainee or ex officio. If the detention is prolonged, a judicial authority must supervise further reviews. Detention shall be limited and may not exceed six months. Continued detention may only be extended to twelve months if there is a lack of cooperation by the national or there are delays in obtaining the necessary documentation from third countries. If the reasonable prospect of removal no longer exists, detention becomes unlawful and the detainee must be immediately released.47 Prolonged detention may be lifted if a national court decides that the detainee was deprived of arguing a better defense48. Further, the CJEU held that a 15-day limit to appeal through an accelerated procedure was reasonable, proportionate, and sufficient for an effective action.49 In the case of minors, the best interests of the child are the primary considerations in the context of detention. Unaccompanied minors and families with minors may only be detained as a last resort and for the shortest appropriate amount of time. Detained families must be guaranteed adequate privacy and minors must have the possibility to engage in leisure activities, to access to education, and if they are unaccompanied, must be provided with institutions that account to the needs of their age.50 Lastly, if an exceptionally large number of third-country nationals place an unforeseen burden on capacity of detention facilities or on the administrative/judicial staff, States may allow for longer periods of judicial review. The directive does not apply to third-country nationals who 47 Directive 2008/115/EC, art. 15. Case C-383/13, M.G. and N.R. v. Staatssecretars van Veilgheid en Justitie, 2013 E.C.R. 533. 49 Case C-69/10, Samba Diouf v. Ministre du Travail, de l’Emploi et de l’Immigration, 2011 E.C.R. 102, para. 67. 50 Directive 2008/115/EC, art. 17. 48 16