Sentencing a juvenile follows a special regime under the Juvenile Justice Code: the judge first takes into account the best interests of the child and the individual assessment report, and only then decides on the type and measure of the sentence. The law also empowers the judge to impose on a juvenile a lighter or a different, lighter sentence than that provided for by law. This page explains how these rules operate, what instruments accompany a non-custodial sentence, and what conditions are needed for the mitigation of punishment.
General Principles of Sentencing a Juvenile
When imposing a sentence on a juvenile, the judge takes into account, first of all, the best interests of the juvenile and the individual assessment report. This means that the reasoning of the verdict must start from the personality of the child and not merely from the qualification of the offence: the individual assessment report describes the juvenile's age, development, environment and needs, and it is on these data that the court relies in selecting the sentence. For the defence, this principle is a practical instrument — a well-prepared report and its proper presentation directly influence the form of the sentence.
When imposing a non-custodial sentence, the judge is authorised, together with the sentence, to impose on the juvenile one or several obligations provided for by the Code. In that case it is impermissible to impose an obligation that will probably not be fulfilled or whose fulfilment exceeds the mental and physical capabilities of the juvenile. This restriction protects the child from a breach of proportionality: an obligation must be genuinely capable of performance.
Electronic Surveillance and Its Conditions
For the execution of a non-custodial sentence, with the consent of the juvenile and his or her legal representative, electronic surveillance may be applied for a period of up to 1 year. This rule has an exception — a case provided for by the Code in which this mechanism does not apply. The procedure and methodology for the use of electronic surveillance means are determined by an order of the Minister of Justice of Georgia.
The mandatory nature of consent is an important guarantee: neither the child nor his or her legal representative is obliged to agree to electronic surveillance, and both must take this decision in an informed manner. The role of the defence here is to explain to the family the essence, duration and consequences of this institution, so that the consent is genuinely deliberate.
A Lighter Sentence Than Provided for by Law
The Code empowers the judge to impose on a juvenile a sentence below the limit provided for by law, or a different, lighter sentence, where two conditions exist: no guilty verdict has previously been rendered against the juvenile, and there exists a combination of mitigating circumstances that makes it expedient to impose a lighter sentence than that provided for by law.
This norm is the central instrument of the defence in juvenile cases. The combination of mitigating circumstances must be assessed by the court as a whole — a circumstance taken alone is, as a rule, insufficient; it is precisely their cumulative effect that creates the picture on the basis of which, together with the absence of a prior guilty verdict, a lighter sentence than the law generally provides may be imposed.
What the Defence Must Do
In a juvenile case, the task of the defence is to prepare in a timely manner and present to the court materials that reflect both the personality and environment of the child and the circumstances that justify mitigation of the sentence. The individual assessment report, references, the educational and family situation, and the facts of post-offence behaviour together create the basis on which the judge will see a combination of mitigating circumstances. In addition, when obligations are selected alongside a non-custodial sentence, the defence must ensure that they correspond to the child's capabilities.
Such an approach requires more than an appearance at the court hearing — it requires a prepared file that stands at the foundation of interpreting the child's best interests in the sentencing decision.
Frequently Asked Questions
What does the judge consider above all?
The best interests of the juvenile and the individual assessment report — the selection of the sentence begins precisely from these principles.
Can a lighter sentence than provided for by law be imposed?
Yes, if the juvenile has not previously had a guilty verdict rendered against him or her and there exists a combination of mitigating circumstances that makes this expedient.
For what period may electronic surveillance be applied?
For a period of up to 1 year, with the consent of the juvenile and his or her legal representative; an exceptional case is provided for by the Code.
Can an unperformable obligation be imposed on a child?
No — it is impermissible to impose an obligation that will probably not be fulfilled or that exceeds the juvenile's mental and physical capabilities.
How We Help on Legal.ge
The advocates of Legal.ge prepare juvenile cases with a position oriented towards mitigation of the sentence: we analyse the individual assessment, gather references and substantiate the combination of mitigating circumstances. Contact us for a consultation — we will assess the case and do everything so that the verdict corresponds to the best interests of the child.