Norwegian Model of Cooperation between Prosecution

Download Report

Transcript Norwegian Model of Cooperation between Prosecution

Crime prevention
 Best practice for interaction between judges, prosecutors
and probation officers.
Hans-Gunnar Stey, Norlam, October 2011
Why have this on the agenda
Ensuring safety and promoting a sense of security is a
question of welfare, and a great public responsibility.
Crimes shall be cleared up quickly and offenders
punished and rehabilitated.
The Government shall conduct a comprehensive crime
policy for better prevention, to clear up more crimes,
punish and rehabilitate more effectively.
(From Norwegian policy documents)
Hans-Gunnar Stey, Norlam, October 2011
Why have this on the agenda
Hans-Gunnar Stey, Norlam, October 2011
This presentation
 About me
 Interaction before sentence
 Interaction after sentence
Hans-Gunnar Stey, Norlam, October 2011
Pre-sentence reports
Main prinsipals for pre-sentence reports in Norway;
- The pre-sentence reports is written for the purpose of giving
information to prosecution, attorneys and the Court.
- Objective, balanced
- The use of other sources than the charged is important
- The pre-sentence report must never say anything about
guilt
Hans-Gunnar Stey, Norlam, October 2011
Pre-sentence reports
Who can send a requisition for a pre-sentence report to the
Probation service?
- The judge
- The prosecutor
- (The attorney)
Hans-Gunnar Stey, Norlam, October 2011
Pre-sentence reports
When will there be a requisition for a pre-sentence report
in Norway?
- Before Community service sentence
- Before sentence to Drunk driver program
- Before sentence to Drug Treatment Court
- No rule saying it must be written for minors
Hans-Gunnar Stey, Norlam, October 2011
Interaction after sentence
- The Court passes the sentence
- If the sentence is not appealed prosecution will send it to
the Probation service for enforcement.
- The Probation service has full autonomy in the
enforcement (within the limits of the law)
- responsibility
- independence
Hans-Gunnar Stey, Norlam, October 2011
Interaction after sentence
 Breaches
- Breaches of conditions
- New crimes during the enforcement
Hans-Gunnar Stey, Norlam, October 2011