Court hearing on an administrative offence with risk of arrest: what to do under Georgian law

What to do

1. Deadlines first: in a detention case, the court begins hearing the case immediately (Code of Administrative Offences (CAO), Art. 262); cases of petty hooliganism, disobedience and others are heard within 3 days (CAO, Art. 262). The key point: an arrest order may be appealed once, within 48 hours of its issue, to the Court of Appeal (CAO, Art. 281¹). Prepare the complaint in advance.
2. What is at stake: arrest only by a court, in exceptional cases, for up to 60 days (CAO, Art. 32); it may not be imposed on a pregnant woman, on the mother of a child under 12, on a person under 18 or on a person with a severe disability (CAO, Art. 32); disobedience to the police: a fine of 2,000–5,000 lari or arrest for up to 60 days (CAO, Art. 173); petty hooliganism: a fine of 500–3,000 lari or arrest for up to 20 days (CAO, Art. 166); for a foreigner: expulsion and an entry ban of up to 3 years (CAO, Art. 173).
3. At the hearing: the right to the case file, to give explanations, to present evidence, to file motions and to have a lawyer (CAO, Art. 252); the right to one's native language and to an interpreter (CAO, Art. 252); where arrest is threatened and the person cannot pay, a lawyer at the State's expense (CAO, Art. 255). Motions: bodycam video, witnesses, adjournment to allow a lawyer to attend.
4. Defence: the burden of proof lies with the body (CAO, Art. 236); doubts are resolved in favour of the person charged (CAO, Art. 237); argue that arrest is an exceptional measure and that a fine is sufficient.
5. Appeal: the complaint is filed through the court that issued the decision and does not suspend the arrest (CAO, Art. 281²); it must state the violations and the evidence that was not examined (CAO, Art. 281²); admissibility is decided within 24 hours (CAO, Art. 281²); the complaint is reviewed within 48 hours after it is declared admissible, and the decision is final (CAO, Art. 281³); time spent in detention is credited toward the arrest term (CAO, Art. 309).
6. Where to apply: the district court; the Chamber for Administrative Cases of the Court of Appeal; the Legal Aid Service.
7. Evidence: video (your own, from media, bodycams, which can be requested), witnesses; certificates on children, pregnancy, disability, employment and family circumstances.
8. Pitfalls: the general deadline for appealing decisions (days) does not apply to arrest, where the count runs in hours; a lawyer's complaint is valid only with the client's consent; refusing a lawyer and an interpreter “to get it over with faster”.

Be sure to check

• an arrest order is appealed once, within 48 hours, to the Court of Appeal; the complaint does not suspend enforcement
• arrest only by a court, in exceptional cases, for up to 60 days; who may not be arrested
• rights at the hearing (case file, evidence, motions, lawyer, interpreter) and a free lawyer where arrest is threatened
• the burden of proof lies with the body; doubts are resolved in favour of the person charged