Bailiffs

When performing official duties, a bailiff wears official uniform and insignia (a badge).

A bailiff:

(a) ensures that judges, participants of court proceedings and witnesses are safe and secure;

(b) keeps order in the court and the High Council of Justice;

(c) implements instructions of a president of a court and a presiding judge and of the Secretary of the High Council of Justice concerning protection of order;

(d) guards the administrative buildings of courts and the High Council of Justice;

(e) ensures that the courtroom is ready for a court hearing to commence; at the assignment of a judge, ensures that criminal case materials and physical evidence are brought to the courtroom and are kept safe;

(f) eliminates violation of order in a court and the High Council of Justice; detects a perpetrator and, where necessary, detains the perpetrator for the latter’s transfer to the police and drafts a detention protocol thereon (a template of a detention protocol is approved by the High Council of Justice);

(g) discharges other powers prescribed by the Georgian legislation.

When performing official duties, a bailiff is authorized:

(a) to use physical force, special means and a firearm in the circumstances and according to rules established by law;

(b) to call the police for help, when necessary.

A bailiff is authorized to use physical force, special means and a firearm only when and if the use of other relatively mild measures will not make it possible for him/her to fulfill his/her official duties.

Without prejudice to the conditions described in paragraph 1 of this Article, a bailiff is authorized to use physical force and special means in the following circumstances:

(a) to eliminate violation of law and to detain a perpetrator;

(b) to repulse an attack against a judge, a participant of the proceedings, a witness or other person in the court;

(c) when he/she is rendered physical resistance in time of discharging his/her official functions;

(d) when handing over a detainee to the police where there is are sufficient grounds to believe that the detainee may escape or injure other people in the vicinity.

A bailiff is authorized to use a firearm in the following circumstances:

(a) to repulse an armed attack or when he/she is rendered armed resistance;

(b) when a judge, a participant of the proceedings, a witness or other person in the court is an object of armed attack.

When using physical force, special means or a firearm, a bailiff is obliged:

(a) to warn the person that physical force, special means or a firearm will be used against him/her and to allow him/her sufficient time to comply with the bailiff’s demands except when delay will create a threat for lives and health of the bailiff or other persons, or some other grave circumstances, or when advance warning is impossible;

(b) to use physical force, special means and a firearm according to the nature of threat with a view to case as minimum injury or damage as possible;

(c) to inform, in writing, the president of the court (the Secretary of the High Council of Justice) about any event of use of physical force, special means or a firearm within 24 hours thereafter;

(d) not to create a threat for the lives and threat for people in the vicinity of use of physical force, special means or a firearm.

Use of physical force, special means and a firearm against a pregnant woman, a disabled person or a juvenile is prohibited; psychical force and special means may be used against such persons only if the conduct of a pregnant woman, a disable person or a juvenile creates a manifest threat for the lives and health of the bailiff or other people. A firearm may be used against a pregnant woman, a disable person or a juvenile only if they render armed resistance or if they attack using a firearm.

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A bailiff is a public servant appointed and dismissed by a president of the relevant court. A person may be appointed a bailiff if he/she is a citizen of Georgia aged at least 22, is fluent in the State language and his/her health conditions are suitable for the performance of official duties. The highest age margin for appointment to the position of a bailiff is 50. A person having a previous conviction may not be appointed a bailiff.