Chief Prosecutor’s Office: Law changes give youth convicts a second chance at life

Changes to Georgian legislation are having an immensely positive impact on the future lives of youth convicts.

The Chief Prosecutor’s Office of Georgia released statistics today reflecting the country’s supportive attitude of recent changes to Georgian legislation for youth offenders.

The Office said thanks to the amendments, thousands of youth convicts had been given the chance of living a normal life without having a conviction hanging over their heads, hampering their futures.

Since 2014 Georgian prosecutors now looked at the youth’s history, potential to reoffend and possible punishment options when minors were in the courtroom facing criminal charges. The main aim of this was to keep a minor out of prison.

Initially prosecutors discussed the diversion option and tried to use all alternative mechanisms instead of imposing a sentence of imprisonment on minors,” said the Office.

The decision to keep a minor out of prison was also dependent on a range of factors including their personality, likelihood of reoffending and potential for rehabilitation.

Offering diversion to a minor has been slowly introduced into Georgia’s Juvenile Justice System since 2012. Since then the number of diversion sentences imposed by courts in Georgia (which included home detention), has increased, meaning fewer youth offenders were given prison sentences. 

Law-enforcement bodies say they avoid sending of youth convicts to prison. Photo by N.Alavidze/Agenda.ge. 

Percent of cases where a minor was offered a diversion sentence:

• 2012 – 25 percent;
• 2013 – 51 percent;
• 2014 – 40 percent; and
• 2015 (9 months) – 44 percent.

 Percent of cases where a minor was sentenced to imprisonment:

• 2009 – 42.6 percent;
• 2010 – 39 percent;
• 2011 – 30 percent; 
• 2012 – 29.2 percent;
• 2013 – 22 percent;
• 2014 – 20 percent; and
• 2015 (9 months) – 18.7 percent.

Under the new regulations adopted this summer, all criminal cases in Georgia involving minors were now handled by police officers, investigators, prosecutors and Judges who specialised in juvenile offending.

The main changes to the Juvenile Justice System related to the youth offender's criminal record and prison terms.

According to the new law, youth offenders now had a reduced pre-trial detention period from 60 to 40 days. A youth offender's conviction status will be removed as soon as their sentence period has finished. The period of being classed as an accused will be extended up to six months.

Changes in penalties were also imposed through the new law. Life imprisonment was replaced with house arrest and imprisonment as a form of punishment will be used only when strictly necessary, particularly for severe crimes where a youth was sentenced to a maximum sentence of 10-15 years imprisonment. Additionally, the new law stated life imprisonment for juveniles was prohibited.