Juvenile justice is a system fundamentally different from the criminal process applied to adults: the law gives priority to the mildest available means, requires an individual approach to the child, grants the juvenile special procedural rights, and entrusts the conduct of the case to a specialised advocate. This page explains what the defence in a juvenile case requires and which guarantees the child enjoys at any stage of the proceedings. Understanding these rules is essential for the family from the very first day, because the earliest decisions — on diversion or on the measure — determine the entire further course of the case.
Priority of the Mildest Means and the Alternative Measure
In the juvenile justice process, priority is given to the mildest means of achieving the goals of the Criminal Code of Georgia, the Criminal Procedure Code of Georgia, the Code of Administrative Offences, the Penitentiary Code and the Juvenile Justice Code. This principle is the starting argument of the defence: in every particular case the question must be raised whether a lighter path exists for achieving the purpose than imposing responsibility and a sentence.
With respect to a juvenile, the possibility of applying diversion or a restorative justice measure is considered first, and an assessment is made of whether diversion or the measure better ensures the resocialisation and rehabilitation of the juvenile and the prevention of a new crime than criminal responsibility and the application of a sentence. Moreover, any measure applied to the juvenile instead of the consideration of the case in court must serve the protection of the rights and legal guarantees of the juvenile. These two propositions define the framework within which the defence builds its motions at every stage.
Individual Approach and Special Attention
When a decision concerning a juvenile is taken, his or her individual characteristics are taken into account: age, level of development, living, upbringing and development conditions, education, state of health, family situation and other circumstances that allow the peculiarities of the juvenile's character and behaviour to be assessed and his or her needs to be determined. At any stage of the juvenile justice process, the person conducting the process must treat the juvenile with special attention.
For the defence this means that studying the child's personality is not a formal step — it is the material on which the demands for diversion, a measure or a particular sentence rest. That is why the advocate works from the outset with the family, the school and the social worker, so that the court sees a child and not an abstract figure of an offence.
Procedural Rights and Free Legal Aid
At any stage of a criminal case, a juvenile accused, convicted or acquitted person and a victim are provided with free legal aid, unless an advocate engaged by that juvenile participates in the case. A witness or an interviewee may also use this right in the cases provided for by law. An age-related guarantee also exists: an accused or convicted person aged from 18 to 21 enjoys the right to free legal aid as well.
The list of procedural rights is broad: the juvenile has the right to receive information in a form appropriate to his or her development; to use, where needed, the services of an interpreter free of charge; to be accompanied by a legal or procedural representative; to receive consular assistance; and to enjoy other rights provided for by the legislation of Georgia. These guarantees operate at every stage of the process, and their violation is a matter for the active reaction of the defence.
The Specialised Advocate and Why It Matters
The case of a juvenile is conducted by an advocate specialised in juvenile justice, who is obliged to present, together with the other documents provided for by law, a document of a form approved by the Georgian Bar Association confirming his or her specialisation. Within the Legal Aid Service operates a standing group of advocates specialised in juvenile justice, which provides the juvenile with legal aid promptly, upon first request, in the cases provided for by law.
The requirement of specialisation is not accidental: juvenile cases require experience with diversion and restorative justice mechanisms, individual assessment, and working with a child. It is precisely this competence that the Bar Association document verifies, which is why a family that needs a defence for a child should insist specifically on a specialised advocate.
Frequently Asked Questions
Is an advocate mandatory for a juvenile?
At any stage of the case the juvenile is provided with free legal aid, unless an advocate engaged by the juvenile participates in the case.
Who conducts the case of a juvenile?
An advocate specialised in juvenile justice, who also presents a document confirming the specialisation.
What priority does this system have?
The priority of the mildest means: diversion or a restorative justice measure is considered first, and only then responsibility.
Do these guarantees concern persons aged 18 to 21?
An accused or convicted person aged from 18 to 21 enjoys the right to free legal aid.
How We Help on Legal.ge
Experienced advocates in juvenile cases work on Legal.ge: we shape the defence position from the principle of the mildest means, safeguard the child's procedural rights at every stage, and prepare motions for diversion and restorative measures. Contact us for a consultation — we will assess your child's case and protect his or her interests from the very first day of the process.