Guidance

Georgia: prisoner pack

Updated 17 July 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in Georgia, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: support for British nationals abroad

This information pack aims to give you, and your family and friends, information about the local system in Georgia and who can help. Consular staff can provide a printed copy to those in prison or in custody.

We welcome feedback to help us improve the information we can provide to others

Contacting us

If you are arrested or detained in Georgia:

• the authorities should ask whether you want them to contact the British Embassy Tbilisi (and must do so if you want them to)

• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British Embassy Tbilisi or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

The authorities will notify the British Embassy Tbilisi unless you request otherwise.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. 

British Embassy Tbilisi
51 Krtsanisi street, Tbilisi, 0114
GeorgiaTelephone: +995 32 2 274747

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

Online contact form

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

The Georgian authorities may take from within a few hours to a few days to notify the Embassy of your arrest. Once we are notified, we aim to contact you as soon as possible.

We can also

• provide a list of local English-speaking lawyers and interpreters lawyers and interpreters

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone or letter. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services are not available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we can’t do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Georgia.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance. If you are unable to commission a defence lawyer, the Georgian law entitles you to free legal aid by a state-appointed local lawyer.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Georgia

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Georgia for the latest information on safety and security, entry requirements and travel warnings.

Family members, legal representatives and consular officers are able to visit under the following previsions in Georgian legislation:  video-link, short-term and long-term visits, and family visits.

Video-link visits

These are available to anyone who has been convicted unless they are housed in a special risk prison or assessed by the authorities as posing a serious security threat. A video-link visit can be arranged once every 10 calendar days, for a duration of up to 15 minutes. Video-link visits should be requested in writing to the prison authorities 7 days in advance, and on presentation of the visitor’s ID card or passport. No more than 3 people are allowed in  a single video call (this limitation does not apply to children up to 10 years old).

Short-term visits

These are available to anyone either accused or convicted, these are in-person visits of up to 2 hours. Short-term visits should be requested in writing to the prison authorities 5 days in advance. Short-terms visits are primarily by family members but the definition covers not just immediate family (spouse, child, parent) but also grandparents, cousins or any other relative with whom the prisoner lived and ran a common household for the one year immediately before going to prison. All visitors need to take with them ID card or passport, as well as a document certifying that they are a close relative.

Foreign prisoners additionally have the right to an unlimited number of short-term visits by a consular officer of the British Embassy.

Long-term visits

These are available to anyone convicted, these are visits by a family member of up to 23 hours. Visits should be requested in writing to the prison authorities  2 weeks in advance. The following relatives of the convicted prisoner are eligible to take part in a long-term visit: child, adopted child, stepchild, grandchild, spouse, a person with whom you the prisoner has a common child, parent (or adoptive parent), grandmother, grandfather, sister or brother. All visitors are required to provide the prison director with a document certifying that they are a close relative, and an ID card or passport.

Long-term visits are is not available to prisoners in quarantine, subject to a disciplinary punishment or sentenced to an administrative imprisonment.

Only one visitor is usually permitted for  a long-term visit, however when the visitor is a minor an adult is allowed to  accompany. With the special permission of the prison director, two adults can be present on a long-term visit.

Family visits

These are available to anyone convicted, these are visits of up to 3 hours. Family visits should be requested in writing to the prison authorities 10 days in advance. The following relatives are eligible to take part in a  family visit: child, adopted child, step-child, grandchild, spouse, a person with whom the prisoner has a common child, parent (or adoptive parent), grandmother, grandfather, sister or brother. All visitors are required to provide the prison director with a document certifying that they are a close relative.

What to expect when you visit

Video-link visits

These take place in a special room located within the prison grounds. You will be security checked and asked to present your ID card or passport before entering the prison. The prison authorities are allowed to monitor the visit visually but not listen to the audio. If something unexpected happens during the visit the prison staff may halt the video link.

Short-term visits

These take place in special room within the prison grounds. You will be security checked and asked to present your ID card or passport before entering the prison. The prison authorities are allowed to monitor the visit visually but not listen to the audio.

Long-term visits

These take place in a special hotel-type building within the prison grounds. The time limit of 23 hours can be extended to up to 47 hours at the discretion of the prison director. You will be security checked and asked to present your ID card or passport before entering the prison. The prison authorities are not allowed to monitor the audio or visuals of the visit. Both you and the person you are visiting are allowed to use the phone in the room to call prison staff. If any suspicion arises during this telephone call, prison staff are authorised to enter the room and check the situation.

Family visits

These take place in a special room located within the prison grounds. You will be security checked and asked to present your ID card or passport before entering the prison.

What you can take on your visit

You are not allowed to take items such as knives, sharp objects, firearms or equipment that can be used for photography or audio or visual recordings (including mobile phones) into a video-link room or visit room.

With the prior permission of  the Department of Corrections, you can take a limited amount of certain foodsuffs. The list of permitted foodstuffs can be obtained through the prisoner’s lawyer.

Visits: consular staff

Once we are notified, we aim to contact you as soon as possible. The number of visits by consular staff depends on the circumstances of the case (e.g. if we are concerned about the prisoner’s health or welfare, including mistreatment). Consular staff can initiate a prison visit, or the prisoner, their lawyer or a family member can request a visit by contacting us directly or through the prison authorities. We then aim to provide assistance according to the prisoner’s individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

You can write to us at any time on matters that concern you at:

51 Krtsanisi street
Tbilisi 0114
Georgia

However, if it is urgent, it will be quicker to contact us directly, or through the prison authorities, on the following telephone number: +995 32 2 274 747.

Emergency trips outside of prison

If you are convicted, you may be able to make an emergency trip outside of  prison at the discretion of the prison director in the following circumstances:

• on the death or life-threatening illness of a close relative
• in connection with another special circumstance
• to carry out a social activity

The period of temporary leave from a prison must not exceed 3 days.

Police custody and initial arrival at prison

As soon as you are arrested you have the right to a lawyer. As a foreigner you also have the right to an interpreter provided by the police, free of charge.

On arrest the police officer must explain the grounds for your arrest, and inform you of your rights to a lawyer, to remain silent and refrain from answering questions so as not to incriminate yourself, and that anything you say can be used against you in court. If the arresting officer fails to do any of this, it can be considered a violation of your rights. The police officer has the right to search you.

After you are arrested you will be taken to the nearest police station. If the police station that you are taken to on arrest does not have detention facilities, you may be moved to another station which has a Temporary Detention Isolator (TDI). Your personal belongings will be taken from you and kept by the station, unless collected by your lawyer or a relative you nominate. If you do not have a lawyer of your choosing at this stage, the police must provide a lawyer for you free of charge. If you do not speak Georgian the police should also provide an interpreter free of charge. If you wish, you can request a free medical examination. Alternatively, you can request to undergo a medical examination by an expert of your choice at your own expense.

The arresting officer is responsible for completing a detention report. You have the right to not sign the report unless it is translated for you, or if you have any concerns about its content.

You should not sign anything that you do not understand.

You should be presented before a court no later than 48 hours after your arrest. The court should issue an indictment within 24 hours. If an indictment is not presented within 24 hours, you should be released. Therefore, the maximum term of an arrest without charge will not exceed 72 hours.

Appearing at court

At the first court hearing the judge will a) establish your identity; b) find out whether you understand Georgian (if not, an interpreter will be provided); c) inform you of the charge and your rights, including the right to file a complaint for any torture or inhumane treatment; d) notify you of the potential penalty for the charge, if you are found guilty; e) find out if it is possible to conclude a plea bargain; and f) review any motion for retaining you in custody.

The court hearing will be conducted in Georgian. You will be provided with an interpreter. If   you have not appointed a lawyer of your choosing, the court will appoint a lawyer on your behalf, free of charge. You have the right to remain  silent during the hearing. 

More information about the Georgian judicial system can be found in Chapter 3.

Initial arrival at the prison

Upon arrival at the prison, you will be searched by an officer of the same sex and have your picture taken. Your personal belongings will be checked and sealed. The prison authorities will retain all items that you are not allowed to keep with you. You will be informed of and provided with a written notice of your rights (including the right to contact your Embassy), and of prison rules and requirements. A doctor will examine you and draft a report about your health condition on entry to the prison.

Prison: conditions and daily life

The Special Penitentiary Service of the Ministry of Justice is responsible for the management of prisons.

In Georgia male prisons are divided into four types:  low risk; semi-open; closed; and special risk. Allocation depends on a prisoner’s sentence and circumstances. In addition, there is a female prison and establishments for juveniles that are close to the semi-open type.

Prison conditions vary but the vast majority of inmates live in good and appropriate conditions. In recent years several new prisons have been built to European standards.

Accommodation

It is usual in Georgia for cells/dormitories to be shared. There is no set maximum number of occupants, rather it depends on the type of facility, size of the room, etc. However, in a cell/dormitory the living space per person should not be less than 4 square metres. The cell/dormitory will have a window providing daylight, plus heating and ventilation. It will also have a toilet to be used by the occupants of that room. Each prisoner has a bed (mattress, pillow, blanket), table, chair and nightstand.

If you are allocated to a low-risk prison you may be permitted to move freely within the facility. If you are allocated to a semi-open prison, you may be allowed to walk within the prison grounds during daylight hours, while in a closed prison there will be specific times for this. If you are allocated to a special-risk prison you will be placed in cell which will have electronic surveillance installed.  

The female prison has a “mother and child” building to accommodate children born in the prison with their mothers until they are 3 years old.

Juvenile prisons take an individual approach towards each child but do include schooling inside the prison facility.

Food and diet

Food is provided three times a day to nutrition standards set jointly by the Ministry of Justice and the Ministry of Health. Pregnant women and nursing mothers, juveniles, inmates with chronic illnesses, persons with disabilities and the elderly (women over 60 and men over 65) are provided with food appropriate to their needs.  In addition, prisoners have the right to purchase food products and personal items sold in the shops inside the prison. Clean drinking water is available.

Hygiene

Toilets and showers are usually shared. Hot water is supplied. You can expect to be allowed to shower twice a week and have a haircut at least once a month. Basic toiletries are provided by the prison authorities. Other items for personal hygiene can be purchased in the prison shop.  If you do not have your own clothes inside the prison, the authorities will provide clothes that are appropriate for the season.

Work and study

There are employment opportunities available within the prison. However, it is difficult for the prison to supply work for all prisoners because there are not enough jobs to go around. You may also work with any governmental or non-governmental institutions operating in the prison grounds. You can expect to be paid for your work.

Study opportunities are also available, from general (elementary, basic and secondary) school education to vocational learning. The prisons have libraries that include different literature and Georgian and international legal texts. You can take Georgian language classes if you wish to learn Georgian.

Contact and languages

As a general rule, communication with other inmates is not restricted. It is possible that you may be allocated to a cell with an English-speaking inmate to help you communicate with other inmates and the prison authorities. Prison staff rarely speak English.

You can use prison phones to make calls. Mobile phones and internet access are not allowed. All incoming and outgoing correspondence (except that with your lawyer or the public defender) are subject to examination.

In general, you are allowed access to newspapers and other media. Radio and TV programmes can be received in some prisons however in closed or special-risk prisons, possession of a personal radio or TV set by a prisoner is only possible with the consent of the prison authorities.

Prison authorities may organise different social activities for prisoners as part of a rehabilitation programme. Participation is judged positively by prison authorities and reflected in an individual’s prison record.

Exercise

You can expect to have daily walks for up to an hour within a specially allocated space. In some prisons where appropriate facilities are provided, you may exercise during the daytime. From time to time, sport events are organized by prison authorities.

Climate

Summer in most parts of Georgia can be very hot, with the climate in western Georgia being quite humid. Winters are mostly mild in the cities, but heavy snow and extreme cold can be expected in mountainous parts of the country.

You have a right to wear your own clothes in prison. However, if you do not have clothes appropriate for the climate, the authorities will provide seasonal clothing.

Religion

You have the right to practice any religion. You are allowed to meet a priest, rabbi or minister of any faith, and have in your possession and use religious literature and objects of worship. Any performance of religious rites should not conflict with the internal rules of the prison nor infringe on the rights of other inmates.

In Georgia, there are no religious ministers amongst prison staff.

Rules and regulations (including drugs)

Upon arrival at the prison staff will explain the internal rules and regulations. If this is not done in English and you do not understand the rules it is important that you request an English translation in order to be fully aware of what is prohibited as well as to under the prison’s daily schedule.

In case of a breach of the prison rules, disciplinary measures might be used. These could be:  

a) warning b) reprimand c) restriction of the right to work for not more than six months d) restriction of the right to use permitted items for not more than six months e) restriction of the right to receive parcels and money remittances for not more than six months; f) transfer to a cell type accommodation for up to 6 months g) placement in a solitary cell for up to 14 days h) restriction of the right to telephone conversations for not more than 3 months i) restriction of the right to receive and send private correspondence for not more than 3 months j) restriction of the right to use the shop available in the prison grounds for not more than 3 months k) restriction of the right to receive and send money for not more than 3 months l) cancellation of short visit privileges not more than 6 times a year m) restriction of the right to use a private TV set or radio for up to 6 months

On the other hand, in the case of model behaviour and an honest attitude to work, the authorities might grant additional privileges.

Drugs are not permitted in prisons. In order to prevent drug trafficking/distribution in prison, cells, living areas and personal belongings may be examined. If anyone is suspected of being under the influence of drugs they can be tested by the prison authorities. Any possession, sale or purchase of drugs will be handled as a criminal offence.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• Private funds: deposited to you by your family or friends.
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day). The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

While in the prison, you will be given your personal bank account. This account can be used by you to receive funds from your family, friends or relatives sent via bank transfer. The account information will be given to you by the prison administration.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and dental treatment

While you are detained, Georgia is responsible for ensuring your basic medical needs are met.

Each prison has a doctor and nurse on staff. However, their English may be limited. All prisoners receive periodic medical checks. Emergency medical services are on hand 24 hours a day. In case of a medical emergency, you should call the guard for assistance. Medication and treatment provided by the prison authorities is free. You can purchase different or more expensive medication if you wish. With the permission of the prison director, you can invite a private doctor to assess you at your own expense. If you medical condition requires, you may be transferred to a specialist civilian clinic. Psychiatrists and psychologists are also available in prison.

When you have a consular visit, you can explain how you are feeling, mentally and physically. If you have a serious medical condition you should inform prison and consular staff about it.

With your permission, a consular officer can make sure that any medical or dental problems you might have been brought to the attention of the prison doctor.  We can also liaise with your GP in the UK, for example if the prison doctor requests your previous medical records.

Letters and parcels

You can send and receive an unlimited number of letters and postal cards at your own expense. Correspondence between prisoners is prohibited. Prison staff will visually inspect (but not read) all correspondence before it is handed over to you. In the case of a well-grounded belief that the dissemination of information could pose a threat to public order, public security or the rights and freedoms of other persons, the prison authorities may read the correspondence and, if necessary, not send it to the addressee. The sender will be immediately notified of this action. Correspondence received in a sealed envelope is opened in your presence.

Prison authorities are not allowed to inspect the correspondence if the addressee or sender of the correspondence is the President of Georgia, the Chairperson of the Parliament, the Prime Minister of Georgia, a Member of Parliament, a court, the European Court of Human Rights, an international organisation established under an international human rights agreement ratified by the Parliament of Georgia, a ministry of Georgia, the Public Defender of Georgia, a defence lawyer, a prosecutor or a local council of Penitentiary Service.

You have right to receive and send parcels. Limits on the number or other characteristics (e.g. size, weight, etc.) of parcels is usually determined by the director of the prison. Detailed information about any limitations with respect to parcels will be provided to you by prison staff. You will be given a list of items that you can receive or send.

Prison staff will inspect all parcels before they are handed over to you. If a prohibited item is discovered during the inspection, it will be returned to the sender. If a prohibited item that gives rise to criminal liability is discovered, prison staff will pass details to the investigative authorities.

You must not pay prison guards for sending/receiving any letter or parcel. This may be considered as a bribe and the person can be criminal liable.

When sending a letter or parcel to you in prison, the sender needs to make sure that the full address, name and number of the prison and your full name are indicated alongside the sender’s full name and address.

Telephone calls

[You can make telephone calls from phones that are installed inside the prison grounds. Calls are made at your expenses. Phone conversations between prisoners are prohibited. If you want to make a call you need to inform the prison staff in advance.

If you are in a low-risk prison you can have an unlimited number of phone conversations during a month, each lasting for no longer than 15 minutes. If you are in a semi-open prison you can have 4 phone conversations a month, each lasting for no longer than 15 minutes. If you are in a closed prison you can have 3 phone conversations a month, each lasting for no longer than 15 minutes. If you are in a special-risk prison you can have 1 phone conversation a month, lasting for no longer than 10 minutes.

If you are in the women’s prison you can have 5 telephone conversations a month, each lasting for no longer than 15 minutes. In a juvenile rehabilitation facility, detainees can have 5 telephone conversations a month, each lasting for no longer than 15 minutes.

It is best to give family and friends a range of dates and times when you will try to call. Hundreds of prisoners want to make phone calls at the same time, so be prepared for a long wait.

A restriction to the right to phone conversation might be imposed as a disciplinary measure in the event of breaking the prison’s rules.

Making a complaint about mistreatment

If you have been tortured or mistreated, please inform Consular staff as soon as it is safe for you to do so. We will then do our best to visit you; to check on your welfare; discuss the allegations; and inform you of any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we may also be able to raise your allegations of torture and/or mistreatment with the authorities.

[In Georgia, you have the right to make complaint about the actions or mistreatment against you in prison or by the prison staff. Complaints should be submitted in writing within three months of the incident.   

There are complaint boxes within the grounds of every prison, in a location accessible to all prisoners. If you feel you have a justified complaint, you should let the Embassy representative and your lawyer know at the earliest opportunity.

Complaints sent by prisoners are exempt from censorship by the prison authorities.

Chapter 3: The Georgian judicial system

Overview

The judicial system in Georgia is not the same as the UK, but you may find similarities. For example, a person is presumed innocent until proven guilty; everyone has the right to fair trial.

The judicial system of Georgia consists of the common courts (in 3 tiers: the first instance court i.e. city court, the court of appeals and the supreme court) and the Constitutional Court. The common courts of Georgia hear civil, administrative and criminal cases. The decision of the first instance court can be appealed to the court of appeals and sometimes at the supreme court, which renders the final decision on the case. In Georgia criminal cases can be heard by the judge or a jury (composed of 12 persons). Jury verdicts are not subject to review, whereas decisions adopted by a judge can be appealed by the courts of higher instance.

When you are charged with crime you are legally innocent until proven guilty by the prosecution. However, this does not mean you will always be released from custody before trial. You could be remanded (held in detention) until trial.

Capital punishment is forbidden under the Georgian Constitution.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

An arresting officer should tell you verbally why you are being detained and that you have the rights to call a lawyer and remain silent. The arresting officer should take you to the nearest police station immediately.

The term of arrest without charge should not exceed 72 hours. You should be presented with the indictment no later than 48 hours after the time of your arrest. If you are not provided with an indictment, you should be released immediately.

For more detailed information please see section: Police custody and initial arrival at prison.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers

How long you can be remanded in custody

Normally you can be remanded in custody for an initial period of up to 60 days from the moment of arrest. A remand period can be extended or reduced by a court after receiving a motion from one of the parties in the case. The overall term of remand cannot exceed 9 months.

Prisoners on remand and sentenced prisoners: differences

Your rights when sentenced and on remand are the same, but will depend on the conviction and security regime of a prison. Prisoners on remand may have more relaxed conditions than sentenced prisoners. If you are on remand you have limited time for calls and limited number of visits compared to the sentenced prisoners.

After you are charged

You will be charged if there is sufficient evidence to do so. If you are charged with a crime you will be given an indictment which sets out details of the crime you are being charged with. Once you are charged, you can enter a plea with the prosecutor’s office.

Bail

In Georgia courts can apply bail in order to ensure that a person does not avoid appearing before the court, is prevented from committing further crime, or to ensure the enforcement of a legal judgment.

Bail can be in the form of money or other valuables or property. The level of bail is determined by the court, considering the crime and the accused person’s financial status. The minimum amount of bail is 1 000 GEL.

If you fail to post bail or violate the conditions on which the bail was set, a heavier measure may be introduced e.g. pre-trial detention.

The British Embassy Tbilisi can assist you with contacting friends and family who may be willing to help with raising bail. However, we cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

The right to free legal representation is unconditional. If you wish to hire a private lawyer, see a list of English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

The right to legal representation is guaranteed to all defendants and for all criminal proceedings. Indeed, a lawyer is mandatory for a foreign defendant who does not speak Georgian. If you do not have a lawyer, the court will appoint a lawyer free of charge.  

Communication between you and your lawyer is confidential.

Consular staff cannot give you legal advice, but the British Embassy in Tbilisi can assist you in contacting friends or family in the UK for financial support to cover your legal costs in Georgia.

Trial

Depending on the complexity of your case, a trial may be held over several months. A first hearing should take place within 72 hours of your arrest. Consular officrs usually do not attend hearings. Consular staff cannot act as interpreters.

In the beginning of a trial the judge should explain your rights and ask if you understand the charges against you. The court also should explain the trial process and timings for appeal against the sentence, if you choose.

Sentences

Sentences are pronounced by the judge at the final court hearing in Georgian but should be simultaneously translated into the language of defendant.

Persons who are found guilty may be subject to the following types of punishment:

• fine
• deprivation of the right to hold a position or pursue a particular activity
• community service
• corrective labour
• house arrest
• imprisonment for a specific term
• lifetime imprisonment
• confiscation of property

Lifetime imprisonment can only be imposed in cases of especially grave crime. It cannot be awarded to those who are already 60 years old at the time of being sentenced.

Appeals

You have the right to appeal a court’s decision.

A decision of the court of first instance can be appealed in the court of appeals, while a decision of the court of appeals can be appealed in the Supreme Court (cassation appeal). Grounds for appeal may include the severity or leniency of a sentence, fact-finding errors, or approval or dismissal of a party’s motion, amongst other reasons.  

An appeal should be filed at the court which rendered the sentence within 1 month of the sentence announcement.

Reaching the end of your sentence

Reduction of sentence (remission)

Remission, including improved imprisonment conditions, for good behaviour or productive labour, may be possible. You may be fully or partly released from serving the remaining sentence.

Remission is possible only if you have served at least one third of the full term of your sentence. The Parole Board can remit the remaining period of imprisonment with community service or house arrest, with your consent.

Early release

Early release of a prisoner on parole is possible for good behaviour. A decision on early release is issued by a local Parole Board of the Special Penitentiary Service. You, your legal representative or a prison director can file an application for early release. You may request release on parole if you have served: no less than half of the sentence awarded for a minor offence; no less than two thirds of the sentence awarded for a grave offense; no less than three quarters of the sentence for an especially grave offense.

The Parole Boards of the Special Penitentiary Service take into consideration several criteria when making a decision, for example the category of the crime, your behaviour at the prison, any previous conviction record, family circumstances or your personality. A negative decision by the Parole Board can be appealed in court.

Clemency or pardon

The President of Georgia has authority to pardon individuals. A pardon is not granted automatically: you need to send a request to the administration of the President of Georgia. If you are granted a pardon you may either, be released from the sentence, or the sentence may be reduced.

Another way to remit a sentence is amnesty granted by the Parliament of Georgia to a group of persons.

Financial penalties

Financial penalties may be all or part of the consequences for a conviction. A prison sentence may be substituted with court fines in case of a minor or medium level offence.

If you pay bail before being charged with a fine, the bail amount will be included in the fine levied.

Transfer to another prison within Georgia

In general, a prisoner in Georgia serves their sentence in a prison close to where the prisoner’s family members live. In exceptional cases you may be transferred to another prison due to ill health or personal security, and with your consent.

Transfer to a prison in the UK

The UK and Georgia are both parties to the European Convention on the Transfer of Sentenced Persons 1983, which enables transfer of prisoners from Georgia to the UK.

To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in Georgia may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

If you would like to serve the rest of your sentence in the UK, you need to make a written request to the Ministry of Justice of Georgia.

Release and deportation

You can be released from prison having served your sentence in case of parole, amnesty or pardon, or on the grounds of illness or old age. If there are no grounds for early release, you will be released the day before the expiry of the sentence. Personal belongings and clothes kept by the prison authorities will be returned to you. You may or may not have to leave Georgia after your release.You may be returned/deported to the state of your nationality or the state of your residence. You can appeal any decision to deport within 10 days from adoption of such decision.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, they may be able to help you resettle in the UK.

You can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell the relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays  9:30am to 4:30pm (UK time)

89–93 Fonthill Road
London
N4 3JH
UK

Glossary of terms

Useful legal terms

English	Georgian
Lawyer	Advokati
Court	Sasamartlo
Hearing	Mosmena
Law	Kanoni
Prison	Cikhe
Prosecutor	Prokurori

Key phrases – English/Georgian

• I would like to see a doctor / Ekimis nakhva minda.
• I would like to contact the consulate / Sakonsulostan dakavshireba minda.
• I would like to contact my lawyer / Advokattan dakavshireba minda.

Numbers

Numbers	Rickhvebi
1	Erti
2	Ori
3	sami
4	Otkhi
5	khuti
6	ekvsi
7	shvidi
8	Rva
9	ckra
10	Ati

Greetings

English	Georgian
Good Morning	Dila mshvidobisa
Good Night	Sagamo mshvidobisa
Goodbye	Nakhvamdis
Hello/Gamarjoba
Thank you	Madloba

Months	Days	Times of the year
January/Ianvari	Monday/Orshabati	Spring/Gazapkhuli
February/Tebervali	Tuesday/Samshabati	Summer/Zapkhuli
March/Marti	Wednesday/Otkhshabati	Autumn/Shemodgoma
April/Aprili	Thursday/Khutshabati	Winter/Zamtari
May/Maisi	Friday/Paraskevi
June/Ivnisi	Saturday/Shabati
July/Ivlisi	Sunday/Kvira
August/Agvisto
September/Sektemberi
October/Oktomberi
November/Noemberi
December/Dekemberi

Annex

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

List of English-Speaking Lawyers

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers/Georgia/result?

List of Private Translators/Interpreters

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/translators-interpreters/Georgia/result?

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment