Revised July 22, 1997

WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS 

NORWAY

Lee Bygrave
Norwegian Research Centre for Computers and Law

This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant No.
90-BJ-CX-0002 to the State University of New York
at Albany.  The project director was Graeme R.
Newman, but responsibility for the accuracy of the
information contained in each report is that of
the individual author.  The contents of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice. 

GENERAL OVERVIEW

1. Political system.

     Norway is a unified state in which
governmental power is divided between the
judiciary, executive and legislative branches,
each of which are mutually independent.  The
executive branch is made up of the King and
members of the Cabinet.   
     Legislative power is vested in the national
parliament (Stortinget), which is composed of 157
members who are democratically elected on a
geographical basis. Although the parliament is
unicameral, it divides into two chambers (the
Lagting and Odelsting) for the purpose of passing
legislation. Both chambers must approve a bill
before it can be passed.  The bill must also be
approved by the King sitting in council with the
Cabinet, although this is a mere formality.  In
theory, the judiciary can exercise some influence
upon the legislative process since it has an
unwritten power to set aside any legislation it
finds to be unconstitutional.  However, this power
is rarely exercised. (Administration of Justice in
Norway, 1980: 88).  
     For administrative and political purposes,
the country is divided into 19 counties (fylker)
and approximately 450 municipalities (kommuner). 
While the various counties and municipalities are
responsible for running a large number of vital
welfare services, responsibility for organizing
and financing the criminal justice system lies
primarily with central government agencies, most
notably the Ministry of Justice and Police.  

2. Legal system. 

     It is difficult to classify the Norwegian
legal system solely by reference to the various
ideal categories of legal systems which are
commonly cited.  This is because the Norwegian
legal system has largely been set up on a national
level.  The Norwegian system is most similar to
the legal systems of the other Nordic countries,
particularly those of Denmark and Sweden. 
     Norway does not have a general codification
of private or public law corresponding to the Code
Civil or Brgerliches Gesetzbuch in civil law
countries.  It instead has comprehensive statutes
codifying, among other things, central aspects of
the criminal law and the administration of
justice.  
     Norwegian courts do not attach the same
weight to judicial precedents as members of the
judiciary in common law countries traditionally
have done.  Neither are Norwegian courts bound by
intricate rules concerning the admissibility of
evidence; the basic rule is that all evidence is
admissible.  Court procedure is relatively
informal and simple, and there is a strong lay
influence in the judicial assessment of criminal
matters and, to a lesser extent, civil matters. 
This lay influence is created through the use of
both a jury system and a system whereby lay judges
(without formal legal qualifications) sit with
professional judges in the hearing of cases.

3. History of the criminal justice system. 
  
     The roots of the Norwegian legal system can
be traced back more than 1,000 years to the
institution of the Allting. This was a public
gathering of yeomen, who convened to settle
disputes and make laws for the local district. 
These types of meetings were in existence well
before the country was united as one kingdom under
King Harald Haarfagre in the late 9th century. 
During the 10th century, there arose the
institution of the Lagting, which was a more
formal and less localized body exercising
legislative, judicial, and executive powers in
relation to a particular area.  These bodies were
composed of appointed representatives of local
communities, officials of the King, and members of
the clergy.  
     In the late 13th century, under the direction
of King Magnus Lagabote (Magnus the Lawmender),
the regional laws created by the Lagting were
gathered together and codified under one national
law called the Landslov.  The second major
codification of Norwegian law took place in 1687,
during the period when Norway was in union with,
and ruled by, Denmark.  This codification was
initiated by the Danish King, Christian V.  Upon
dissolution of the union with Denmark at the end
of the Napoleonic Wars, Norway adopted a
Constitution on May 17, 1814.  Amongst other
things, the Constitution provided for the
establishment of a parliamentary democracy and a
constitutional monarchy.   
     Of particular relevance for the
administration of criminal justice are Articles
20, 96, 99, and 102 of the Constitution. Article
20 empowers the King to pardon criminals, while
Article 96 bans interrogation by torture and holds
that no one may be convicted "except according to
law", or be punished "except after a court
judgement". Article 99 states that no one "may be
taken into custody except in the cases determined
by law and in the manner prescribed by law", and
Article 102 bans the searching of private homes
"except in criminal cases."  Another relevant
constitutional provision is Article 94, which
provides for the publication of "a new general
civil and criminal code."  
     The first comprehensive penal code was
enacted in 1842. This was replaced by the General
Civil Penal Code of May 22, 1902.  While this Code
is still in force, it is important to note that a
Criminal Law Commission was appointed in 1980 to
draft a new code.  So far, work by the Commission
has resulted in several amendments to the existing
Code, plus a draft set of general provisions for
the proposed new code.  The draft set of new
general provisions have not yet been sent out for
a general hearing. (Almindelig borgerlig
Straffelov 22. mai 1902 nr. 10; Ny straffelov -
alminnelig bestemmelser, 1992; Oie, 1993). 
     Special rules on judicial procedure for
criminal cases were first codified in statute form
in 1887.  This statute was replaced by the Act on
Rules of Judicial Procedure in Penal Cases, which
entered into force on January 1, 1986. Several
important changes to this Act have been proposed
recently.  The bulk of these amendments were
approved by Parliament on June 11, 1993 and
entered into force in 1994.  They were not
expected to enter into force until 1994. (Lov om
rettergangsmten i straffesaker 22. mai 1981 nr.
25, the "Criminal Procedure Act";
To-instansbehandling, anke og juryordning i
straffesaker, 1992; Oie, 1993). 
     The Penal Code and Criminal Procedure Act are
the two main laws governing the civil
administration of criminal justice in Norway.  The
military administration of criminal justice is
governed by two corresponding laws: the Military
Penal Code of 1902 (Militoer Straffelov 22. mai
1902 nr. 13) and Military Criminal Procedures Act
of 1900 (Lov om Rettergangsmaaden i militoere
Straffesager 29. mars 1900 nr. 2).    

CRIME

1. Classification of Crime. 

*Legal classification.  The Penal Code groups
criminal offenses into felonies (forbrytelser) and
misdemeanors (forseelser).  The Criminal Law 
Commission, set up to draft a new Penal Code, has
proposed the distinction between felonies and
misdemeanors be eventually dropped from criminal
law. (It is important to note that, unless 
otherwise specified, all legal references in this
report are to laws as they existed on September 1,
1993. [Ny straffelov - alminnelige bestemmelser, 
1992: 21]).
     Felonies are, with some exceptions, offenses
with a maximum penalty exceeding 3 months' 
imprisonment.  The majority of felonies are defined
and listed in Part 2 of the Penal Code, such as
perjury, arson, racial discrimination, rape, 
defaulting on obligation to support dependents,
slander and libel, larceny, embezzlement, damaging
information and communication systems, murder,
blackmail and robbery, fraud and breach of trust.
(Penal Code Sect. 2, 163- 165, 167, 148, 135a, 192,
219, 246-248, 257-260, 255-256, 151b, 233, 266-269,
270-278). 
     Misdemeanors are generally minor offenses
carrying a maximum penalty of 3 months'
imprisonment.  Examples of these types of offenses
are found in Part 3 of the Penal Code.  All
breaches of the Road Traffic Act are defined as
misdemeanors irrespective of whether or not they
carry a maximum penalty of more than 3 months'
imprisonment. (Vegtrafikklov 18. juni 1965 nr. 4;
Penal Code, Sect. 31). 

*Age of criminal responsibility.  The minimum age
at which one can be held criminally liable is 15.
(Penal Code, Sect.46; Proposed new Penal Code,
Sect. 37).

*Drug offenses.  Drug offenses are set out in
Sections 162 and 162a of the Penal Code and
Section 22 and 43 of the Medicinal Goods Act.
The drugs covered by these laws are listed in the
Narcotics Regulations issued by the Ministry of
Social Affairs (Forskrift om narkotika m.v. 30.
juni 1978 nr. 8). There are some 250 substances
listed; salts and derivatives of the listed 
substances are also categorized as narcotics.

     An ordinary drug offense pursuant to the Penal
Code involves the illegal manufacture, introduction,
acquisition, storage (as opposed to possession/
besittelse), or transfer of narcotics, and is
punished by a fine or imprisonment of up to 2 
years. Imprisonment for a serious drug offense 
(grov narkotikaforbrytelse) can be imposed for a
maximum of 10 years. (Lov om legemidler m.v. 20.
juni 1964 nr. 5; Penal Code, Sect. 162).  
     Whether or not a drug offense is judged as
serious (grov) depends on the type of drug
involved, its quantity and the nature of the
offense.  If the quantity is "very significant",
imprisonment will be imposed for a period of 3 to
15 years.  In "particularly aggravating
circumstances" (soerdeles skjerpende
omstendigheter), an offender can be imprisoned for
up to 21 years. (Andenaes and Bratholm, 1991:
289-291; Penal Code, Sect. 162).   
     A similar hierarchy of sanctions is provided
for those who receive or make a profit from a drug
offense or who assist other persons in receiving
or making such a profit.  A drug offense under the
Medicinal Goods Act is defined as the illegal
possession or use of narcotics, and the purchasing
of narcotics under false pretenses. (Penal Code,
Sect. 22, 43, 162a). 
     Note that, prima facie, the laws make no
distinction between different kinds of narcotics;
marihuana is treated the same as heroin or
cocaine.  The use of drugs in sport is not
encompassed by the above laws. (Andenaes and
Bratholm, 1991: 288-289). 

2. Crime statistics. 

     The following crime statistics cover offenses
reported to the police in 1991.  The statistics
are based on information entered into the
country's central crime registration system,
STRASAK, and on the results of questionnaires
completed by police districts which in 1991 were
not yet connected to STRASAK.  Most of the
statistics are taken from Kriminalstatistikk
1991/Criminal Statistics 1991, published in 1993
by the Central Bureau of Statistics.  The
definitions of the offenses upon which the
statistics are based are taken from provisions of
the Penal Code. The total number of reported
felonies for 1991 was 252,311. The total number of
reported misdemeanors was 99,066. (Criminal
Statistics 1991, 1993: 19).

*Murder. In 1991, there were 50 incidents of
murder reported to police. (Criminal Statistics
1991, 1993: 19).  
     A person is guilty of murder (drap) if he or
she intentionally "brings about" (forvolder) or
"assists in bringing about" (medvirker) the death
of another person. (Penal Code, Sect. 233).    

*Rape.  In 1991, 387 incidents of rape were
reported to the police. (Criminal Statistics 1991,
1993: 19).  
     A person is guilty of rape (voldtekt) if he
or she, either by using violence or making someone
fear for their life or health, forces someone, or
assists in forcing someone, to have "indecent
intercourse."  The concept of indecent intercourse
(utuktig omgang) includes but is not limited to
sexual intercourse involving penetration.
(Andenaes and Bratholm, 1991: 103; Penal Code,
Sect. 192).

*Larceny.  In 1991, there were 177,071 incidents
of larceny reported to police, accounting for
70.2% of all reported felonies.  Of the total
number of larcenies, 68,408 were cases of simple/
minor larceny (simpelt tyveri), 85,976 were cases
of serious/aggravated larceny grovt tyveri) and
22,697 were cases of motor-vehicle theft.  Motor-
vehicle theft is defined in a self-explanatory
manner in Section 260 of the Penal Code. (Criminal Statistics 1991,
1993: 19). 
     A person is guilty of larceny if he or she
takes, or assists in taking, an object which, in
whole or in part, belongs to another person, with
the intention of making an unjustified gain
(vinning) for himself or herself or for others. 
Whether the larceny is simple/minor or
serious/aggravated depends on a variety of
factors, including the value of the stolen goods,
whether or not the larceny took place on public
premises, and whether or not it involved burglary,
use of weapons, explosives or the like. (Penal
Code, Sect. 257-258). 

*Serious drug offense.  In 1991, there were 13,063
drug-related crimes reported to police, accounting
for 5.2% of all reported felonies.  Of these,
there were 6,780 ordinary drug offenses and 588
serious drug offenses in relation to the Penal
Code, while 5,695 incidents constituted drug
offenses in relation to the Medicinal Goods Act. 
The number of reported drug offenses has increased
five-fold during the last decade, and twenty-fold
since 1970. (Criminal Statistics 1991, 1993: 19;
Kriminalitet og rettsvesen, 1992: 25. 

*Crime regions.  Crime statistics for Norway show
that the rate of investigated felonies increases
with the rate of population density.  This would
also appear to be the case with reported felonies.
(Kriminalitet og rettsvesen, 1992: 27).  
     In 1991, Oslo county had the highest rate of
investigated felonies, at 124 per 1,000
inhabitants.  The counties of Vestfold,
Aust-Agder, Buskerud, Vest-Agder and Ostfold had
the next highest rates, with figures between 67
and 56 per 1,000 inhabitants.  All of these
counties have approximately 75% of their
inhabitants living in developed (tettbygde) areas. 
The counties with the lowest rates of investigated
felonies, Sogn-Fjordane (15 felonies per 1,000
inhabitants) and More-Romsdal (18 felonies per
1,000 inhabitants) have only approximately 50% of
their population living in developed areas.  The
average rate of investigated felonies for the
country as a whole was 52 per 1,000 inhabitants.
(Criminal Statistics 1991, 1993: 24; Kriminalitet
og rettsvesen, 1992: 27).   

VICTIMS

1. Groups most victimized by crime. 

     Information on victims of crime has been
gathered as part of general surveys on living
conditions in Norway (Levekrsundersokelser). 
This information is presented in summary form by
the Central Bureau of Statistics in its
publication, Kriminalitet og rettsvesen (2nd ed,
1992) at pages 15-20.  All of the data cited below
are derived from this publication.  
     In surveys on living conditions carried out
in 1983, 1987 and 1991, a representative sample of
the Norwegian population between 16 and 79 years
old were asked whether or not they had been
subjected to some form of violence or threat of
violence during the previous year.  Of those asked
in 1991, 5%, or approximately 170,000 persons,
answered in the affirmative.  (The survey figures
for 1987 and 1983 were 5% and 4%, respectively.)  
Approximately a third of those persons answering
yes had suffered manifest bodily injury as a result
of the violence.  
     In 1991, approximately 11% of surveyed males
between 16 and 24 years old had been subjected to
violence or the threat of violence.  The
equivalent figures for females between 16 and 24
years old, for males over 45 years of age, and for
females over 45 years of age were approximately
9%, 3% and 2%, respectively.  The figure for those
living in urban areas was approximately 7%; it was
2% for those living in rural areas.   
     Approximately half of those persons who had
been subjected to violence or the threat of
violence had been subjected to it several times
during the year.  Women, more than men, were
subject to violence in their own home; men, more
than women, were subject to violence while out in
restaurants, bars, cafes, or other public places. 
     Murder victims are usually males.  In 1990,
for example, 35 of the 46 reported murder victims
were men; 3 of the victims were under 15 years
old.  In the age groups of 15-20, 21-30 and 31-40,
8, 12 and 12 persons had become murder victims,
respectively.  In a third of the cases, the victim
and offender were members of the same family or
living together.  In two-thirds of the cases, both
were under the influence of drugs or alcohol.  In
almost half of the cases, the murder was the
result of an argument.  
     In 1991, 14% of the population, or
approximately 480,000 persons, reported that they
had possessions stolen or damaged during that
year.  Half of these cases concerned theft: 20%,
both theft and damage; 30%, damage only.  Of those
persons living in large towns, 21% reported having
had possessions stolen.  The corresponding figure
for those living in rural areas was 8%.     
     There are several weaknesses with these victim
surveys.  For example, they do not include persons
under 16 years old or provide detailed information
on the socio-economic status of crime victims.  It
is worth noting that in 1992, a special committee
appointed by the Ministry of Justice and Police to
investigate the legal position of crime victims
criticized the paucity of detailed crime victim
data in Norway. The committee recommended, among
other things, that the system whereby statistics
are collated on criminal offenses reported to and
investigated by the police should be extended to
include essential data on the victims of those
offenses. (Sterkere vern og kt sttte for 
kriminalitetsofre, 1992: 8, 13). 

2. Victims' assistance agencies. 

     As of 1990, there were 46 crisis centers
spread throughout Norway offering assistance to
women and children who had been subject to rape or
other physical or psychological abuse. There were
also 41 crisis telephone services for women, along
with several telephone services for men who have
been the victims of incest.  Children who are
victims of incest are offered assistance by a
support center in Oslo (Stottesenter mot incest),
which has been operating since 1986. (Sterkere
vern og okt stotte for kriminalitetsofre, 1992:
70). 
     A national association for victims of
violence (Landsforening for voldsofre og
motarbeiding av vold) was established in 1989,
with the aim of assisting victims and campaigning
for measures to reduce the extent of violence in
Norwegian society.  Very few programs are in place
that specialize in providing support for elderly
victims of violence.  One such program has been
initiated in the town of Skien and another in
Manglerud, Oslo. (Sterkere vern og okt stotte for
kriminalitetsofre, 1992: 70-71). 
     Most of the above programs are run on a
private, voluntary basis. Some funding is provided
by the State, such as for the crisis centers for
women.

3. Role of victim in prosecution and sentencing. 

     In Norwegian law, the crime victim plays a
peripheral role in the prosecution and sentencing
process.  It is the State which is accorded the
responsibility of prosecuting and sentencing
criminal offenders.  The victim's role in this
process is limited generally to providing, as a
witness, evidence on the matter in question.  It
should be noted that there is presently no system
whereby a "Victim Impact Statement" is made out
and submitted to the court as a supplement to the
pre-sentence report, although the introduction of
such a system has recently been recommended.
(Sterkere vern og okt stotte for
kriminalitetsofre, 1992: 36).  
     In certain situations, the victim will have
extended rights in the prosecution process, such
as in cases where the victim institutes a private
prosecution or becomes a party to the prosecution. 
The victim will then have a right, for instance,
to examine witnesses.  The victim will also have a
right to be acquainted with case documents during
the main court hearing.  Generally, this right is
not expressly accorded to victims, even though
they do have a right to be acquainted with case
documents during the pre-trial investigation.
(Criminal Procedures Act, Sect. 242,404,402). 
     Since 1991, it has been possible for the
prosecuting authority to decide that certain
criminal matters may be settled out of court
through negotiations between the offender and
victim, with an extra-judicial body called the
Conflict Board (konfliktrd) present as an
arbitrator.  Several conditions must be fulfilled
before this can occur.  The offense must not be so
serious as to incur imprisonment, the offender
must be proved guilty of the alleged offense, and
both the offender and victim must consent to the
matter being settled out of court in the way
described. (Criminal Procedures Act, Sect. 71a).4. Victims' rights legislation. 

     There is no victims' rights legislation as
such.  Rather, provisions giving victims certain
rights have been incorporated into more general
laws, such as the Criminal Procedures Act (CPA),
the Injury Compensation Act (Lov om
skadeserstatning 13. juni 1969 nr. 26) and the
Legal Aid Act (Lov om fri rettshjelp 13. juni 1980
nr. 35). 
     An example of such a provision is Section 456
of the Criminal Procedures Act, which states that
a compensation claim ordered to be paid to a
victim takes priority over a claim by the State
that the offender pay a fine.  In addition,
Section 107a provides that in cases involving a
contravention of Sections 192 to 196 of the Penal
Code (sexual offenses), the victim is entitled to
the assistance of a lawyer, who is paid by the
State.  The lawyer is permitted to be present
during the main hearing of the case, is given
limited rights to assist the victim when he or she
is questioned in court, and must be given access
to the case documents. In most other cases, it is
the victim who must bear the costs of engaging a
lawyer to assist him or her during the prosecution
process. (Criminal Procedures Act, Sect.
107c,264a). 
     Women who have been mistreated or abused are
entitled to free legal advice, irrespective of
their assets or income.  They are also entitled to
the free assistance of a lawyer during the
prosecution process, although this lawyer does not
have the same rights as those lawyers appointed
pursuant to Section 107a of the Criminal
Procedures Act.  Victims of violence are also
allowed free legal advice irrespective of their
assets or income (Ministry of Justice, Circulars
G-38/89, G-62/87, G-101/83).  
     A victim has the right to demand compensation
for losses suffered as a result of being
physically or mentally injured by an offender. The
type of loss for which compensation can be claimed
is usually economic only, although there are
certain exceptions noted in the Injury
Compensation Act.  Compensation can be demanded
from the offender, by mounting a civil legal
claim, for example, or from the State. (Injury
Compensation Act, Sect. 3-2, 3-3, 3-5; State
Regulations of January 23, 1981).    

POLICE

1. Administration. 

     There are 5 police regions, among which are
54 police districts.  The districts are led by
police commissioners (Politimestre), who have as
their immediate subordinates, deputy police
commissioners (Politiinspektorer), assistant
commissioners (Politiadjutanter) and
superintendents (Politifullmektiger).  Police
commissioners and deputy police commissioners are
appointed by the King in Council.  The other two
classes of officials are appointed by the Ministry
of Justice and Police. (Kriminalitet og
rettsvesen, 1992: 40; Public Prosecution
Authorities and Police in Norway, 1992: 4). 
     The police force is administered directly by
the Ministry of Justice and Police. It is also
subordinate to the Public Prosecution Authority
(den offentlige ptalemyndighet) with regard to
the investigation and prosecution of crimes.  The
police commissioners and their immediate
subordinates form the first instance of the Public
Prosecution Authority, which is headed by the
Director General of Public Prosecutions
(Riksadvokaten). (Administration of Justice in
Norway, 1980: 51; Criminal Procedures Act, Sect.
55).  
     The Director General is appointed by, and
directly accountable to, the King, independent of
the Ministry of Justice.  He or she is assisted by
40 Public Prosecutors or State Attorneys
(Statsadvokater), 37 of whom are assigned to
particular geographical jurisdictions.  There are
9 such jurisdictions.  In addition, there are 8
Public Prosecutors attached to the recently
established Central Unit for the Investigation and
Prosecution of Economic and Environmental Crime. 
All Public Prosecutors or State Attorneys are
lawyers and appointed by the King. (Norges
Statskalender 1993, 1993: 194-195; Politi og
ptalemyndighet, 1988: 12-13).  
     In rural areas, police duties are carried out
by sheriffs (Lensmenn), each of whom has general
administrative authority in relation to a defined
district.  There are 370 such districts. (Politi
og ptalemyndighet, 1988: 28).  As a police
officer, a sheriff is accountable to the local
police commissioner. (Police Act, Sect. 6).   
     There are several special units to the police
force, all of which are administered centrally. 
These include the National Bureau of Crime
Investigation (Kriminalpolitisentralen -
"Kripos"), the Police Security Service (Politiets
Overvkingstjeneste), the Police Computing Service
(Politiets Datatjeneste), the Police Equipment
Service (Politiets Materielltjeneste) and the
Mobile Police (Utrykningspolitiet).  There is also
a small specialist anti-terror squad based in
Oslo. (Public Prosecution Authorities and Police
in Norway, 1992: 6-7). 
     The functions and tasks of the police are
many and varied, ranging from the usual
maintenance of law and order, the investigation
and prevention of crime, to more specialized
administrative tasks, such as immigration control
and control of lotteries and gambling.  The main
rules governing the functions and tasks of the
police force are found in the Police Act of 1936
(Lov om politiet 13. mars 1936 nr. 3), the Police
Instruction of 1990 (Alminnelig tjenesteinstruks
for politiet 22. juni 1990), the Surveillance
Instruction of 1977 (Overvkingsinstruks 25.
november 1977), the Weapon Instruction of 1989
(Vpeninstruks for politiet 1. august 1989), the
Criminal Procedures Act of 1981 and the
Prosecution Instruction of 1985. (Forskrift om
ordningen av ptalemyndigheten 28. juni 1985 nr.
1679). 
     It should be noted that the fundamental right
of police to maintain public order is based on
customary law and not set down in statute.
However, this right was included in a proposal for
a new Police Act, drafted in 1991 and submitted to
Parliament in 1994. (Odelstingsproposisjon nr. 83,
1992-1993). 
     The police are completely independent of the
military forces. In certain emergency situations,
such as rescue operations and natural
catastrophes, the police can seek the assistance
of the military when there are insufficient
civilian resources to cope with the situation. In
such cases, the military forces are under command
of the police and must follow the laws which
regulate police actions. (Police Instruction,
Chapt. 14).

2. Resources. 

*Expenditures.  In 1993, the police force was
allocated NOK 2,857,267,000.  The sheriff force
was allocated NOK 875,548,000. These sums do not
include money allocated to the Norwegian Police
Academy or the Police Equipment Service.
(Driscoll, 1993).

*Number of police.  In 1993, there were 6,827
police officers, including officers serving in the
sheriff force.  
     As of 1991, there were 374 female
police/sheriff officers.  While there are no
figures available on the number of female officers
for 1992 and 1993, it is estimated that in 1993
women comprised about 8%-9% of police officers and
4% of sheriff officers.  As of 1993, there were 2
female police commissioners.  
     All police officers in 1993 had a Norwegian
background, except for one woman from Pakistan. 
There were also several other officers who were
born in other countries but adopted and raised by
Norwegian families. (Driscoll, 1993).

3. Technology. 

*Availability of police automobiles.  As of August
1993, there were approximately 1,620 police
automobiles.  Approximately 1,000 of these were
State-owned; the rest were rented.  In addition,
there were 86 motorcycles, all of which were
State-owned. (Hagen, 1993). 

*Electronic equipment.  Computer technology is
used by the police force for a variety of
purposes, including reporting crimes, gathering
and processing crime statistics, budgeting,
accreditation of officials and fingerprinting. 
(An Automated Fingerprint Identification System
[AFIS] has been in use with the National Bureau of
Crime Investigation since the beginning of 1985.
[Politiets Datatjeneste, 1993: 25]).
     All police and sheriff stations have on-line
links to a central computer network maintained by
the Police Computing Service.  At present, police
cars are not mounted with mini-computer terminals,
but there are plans to mount a fleet of police cars
with such equipment later this year. Mobile 
telephones, radio equipment and radar guns are
also widely used. (Haukaas, 1993; Politiets rbok
1991, 1991: 18-21; Politiets Datatjeneste, 1993).

*Weapons.  The most common type of weapon with
which police arm themselves is a wooden baton. 
There are 2 main types of guns available for use
by ordinary police officers: US carabiners (30
caliber) and Smith & Wesson revolvers (model 10). 
Machine guns are available to specially selected
police units, such as the anti- terror squad. 
There are light bullet-proof vests for
approximately half of the operative police force. 
They are distributed unequally between the various
police districts depending on need.  Almost all
police officers on patrol in Oslo have
bullet-proof vests.  There are also approximately
2,000 heavy bullet-proof vests and helmets
distributed between the police districts. (Hagen,
1993).  

4. Training and qualifications. 

     Persons seeking to be recruited into the
police force as ordinary service personnel must be
between 21 and 30 years old, have Norwegian
citizenship, and be of good health, character and
standing. (Police Act, Sect. 13).  They must also
have completed a 3-year training course run by the
National Police Academy (Politihogskolen) in Oslo. 
This training course involves 1 year of studies at
the academy, followed by 1 year of practical
training at police stations, and then a year of
further study back at the academy.
(Politihogskolen, 1993: 8).  At present, there are
no compulsory postgraduate courses for service
personnel, although such courses have existed in
the past.  Those seeking to be recruited to the
upper echelons of the police force, such as the
rank of superintendent, must have completed a
university degree in law. (Police Act, Sect. 4).

5. Discretion. 

*Use of force.  Section 67 of the Criminal
Procedures Act provides the police with general
authority to investigate and prosecute cases of
crime.  It also provides the police with authority
to seek court permission to apply certain coercive
measures, such as arrest and seizure of property,
during the investigation and prosecution process. 
These coercive measures are described in Chapters
14-17 of the Criminal Procedures Act and amplified
in Chapters 8-11 of the Prosecution Instruction of
1985.  
     Rules governing the use of weapons by police
are contained in the Weapon Instruction (WI) of
1989 (Vpeninstruks for politiet 1. august 1989). 
The instruction covers the use of guns,
explosives, gas and batons.  Batons and gas can
only be used in "especially dangerous situations"
or when police cannot carry through a task without
being subject to a risk of injury. (Weapon
Instruction, Sect. 17).   
     Guns shall only be used as a "last option",
when: (a) police or others are threatened by
weapons or violence and the use of guns seems
necessary to prevent the loss of human life or
serious injury; or (b) it is necessary to
immediately apprehend a person who is suspected
of, or charged with, a serious violent offense,
including attempts at such offenses, or a person
who is otherwise seen as being of special danger
to national security, to life or health; or (c) it
is necessary to prevent serious damage to foreign
property, or when especially important interests
of society are threatened. (Weapon Instruction,
Sect. 19).  
     Before using weapons, police must consider
the danger or risk of injury to which outsiders
will be subjected.  If circumstances allow, they
must initially warn a person that weapons will be
used against him or her if he or she does not obey
police orders.  They must also fire a warning
shot.  Explosives can only be used in order to
gain access to locked or barricaded premises, when
the conditions in Section 19 of Weapon Instruction
are fulfilled, and upon an order from a police
commissioner. (Weapon Instruction, Sect. 20,22).   
     Police on routine patrol do not carry guns. 
Police commissioners can authorize that handguns
be taken by police when patrolling by car.  In
such cases, the weapons and ammunition must be
kept in locked cabinets in the patrol cars. 
Special police units can carry other types of
weapons, if permitted by the Ministry of Justice. 
Police are allowed, on a case by case basis, to
carry guns in certain dangerous situations.
(Weapon Instruction, Sect. 5, Sect. 10-11).  

*Stop/apprehend a suspect. Information not
available.

*Decision to arrest.  The major legal requirements
that must be met before a person can be arrested
by the police are provided in Chapter 14 of the
Criminal Procedures Act.  Generally, the decision
to arrest a person must be made by an official of
the Public Prosecuting Authority, which includes
the higher-ranking police officials, or a court. 
An ordinary police officer or private citizen may
make an arrest on his or her own initiative if
delay "entails any risk."  However, these sorts of
arrests must subsequently be ratified as soon as
possible by the Public Prosecuting Authority.
(Criminal Procedures Act, Sect.175,176,179). There
are no statistics available on the number of
arrests made without a warrant. 
     Whether a person is arrested depends
primarily on the type of penalty for the offense
he or she is suspected of having committed, along
with the risk that he or she will try to evade
prosecution and/or commit another crime.  Section
171 of the Criminal Procedures Act states that any
person who is suspected "with just cause" of
committing a felony punishable by more than 6
months' imprisonment may be arrested when: (1)
"there is reason to fear that he will evade
prosecution or the execution of a sentence or
other precautions"; (2) "there is an immediate
risk that he will interfere with any evidence in
the case..."; (3) "it is deemed necessary in order
to prevent him from again committing a criminal
act punishable by imprisonment for a term
exceeding 6 months"; or (4) "he himself requests
it for reasons that are found to be
satisfactory.[...]."  None of these four
conditions need to be met in order to arrest a
person suspected of a felony punishable by
imprisonment of 10 years or more.  Such a person
may be arrested if he or she confesses to the
felony or there are circumstances "that strengthen
the suspicion to a marked degree." (Criminal
Procedures Act, Sect.171,172).  
     Persons "caught in the act" of committing a
crime may be arrested irrespective of the penalty
the crime incurs.  This is also the case when
there is "reason to fear" that a suspect will
evade prosecution by fleeing abroad.  After being
arrested, a person must be brought before a court
"as soon as possible and as far as possible on the
day following the arrest", so that an order can be
issued that the person be remanded in custody.
(Criminal Procedures Act, Sect. 173,183-184).  
     It is possible for police to detain a person
for up to 4 hours without arresting him or her.  
This temporary detention can be imposed on persons
who "disturb the public peace and order", or who
do not comply with a police request to give their
name, age and place of residence, or who are found
in the vicinity of a place where a felony is
"deemed" to have occurred immediately beforehand.
Further guidelines on when and how police may
detain persons who disturb the public peace and
order are provided in Chapt 9 of the Police
Instruction. (Criminal Procedures Act, Sect.191).

*Search and seizure.  The police may search a
person's premises if that person "is with just
cause suspected of any act punishable by law with
imprisonment."  The police may also conduct a
bodily search of such a person "if there is reason
to assume that it may lead to the discovery of
evidence or of objects that may be seized." 
Pursuant to Sect. 157 of the Criminal Procedures
Act, it is also possible to conduct a physical
examination of a suspect during a court inquiry.
(Criminal Procedures Act, Sect. 192,195)  
     In certain circumstances, police can search
the premises of persons other than the suspect and
to conduct bodily searches of these persons.  All
searches must be made pursuant to a court order,
unless the person concerned consents to the
search, is "caught in the act" or there is "strong
suspicion" of an act punishable by more than 6
months' imprisonment and there is an "immediate
risk that the purpose of the search will otherwise
be thwarted."  Searches should be conducted "as
far as possible" in the presence of an independent
witness. Upon being arrested, a person may also be
searched in order to find and dispossess him or
her of anything that may be used for the purpose
of violence or escape. (Criminal Procedures Act,
Sect. 178,192-195,197,198,199). 
     Any objects "deemed to be significant as
evidence" may be seized.  Seizure will normally be
the result of a written decision of the Public
Prosecution Authority or a court, but a police
officer can effect a seizure on his or her own
initiative "when carrying out a decision to make
an arrest or search, and otherwise when delay
entails a risk."  Any seizure may be challenged in
a court. (Criminal Procedures Act, generally
Chapter 17, Sect. 203,205,206,208). 

*Confessions.  Police have no authority to order
any person, including suspects, to make a
statement.  However, they can record any
statements that are made by the suspect.  Suspects
must be informed that they are not obliged to make
any statement, before they are examined.  In
addition, persons conducting an examination of a
suspect, such as the police, prosecuting
authority, and court, must not use "promises,
false information, threats or coercion", or "any
means that reduce the level of consciousness or
ability of the person charged to make up his own
mind freely." (Criminal Procedures Act, Sect.
92,230,232).  
     If the suspect admits to having committed a
crime, he or she must then be asked whether s/he
admits being guilty and liable to a penalty. If an
unreserved confession is made, the suspect must be
asked whether he or she consents to the case being
adjudicated in a court of summary jurisdiction.
(Criminal Procedures Act, Sect. 233).

6. Accountability.   

     Complaints alleging that police have breached
criminal law in carrying out their duties are
handled by special investigatory bodies,
independent of the Ministry of Justice and Police
and subordinate to the Director General of Public
Prosecutions (Riksadvokaten).  All cases in which
police actions have resulted in a person's death
and/or serious bodily injury must be investigated
by such bodies, irrespective of whether or not a
complaint has been made.  It is up to the
Riksadvokat to decide whether or not to prosecute
the police. (Prosecution Instruction; Sect.7-2,
34-6; cf Chapt 34; cf s 34-8).  
     Allegations of police acting in breach of
discipline are handled by special committees
(ansettelsesrd) attached to each police
department.  Decisions reached by these committees
can be appealed to the Ministry of Justice and
Police.  The Ministry also handles general
complaints about police behavior. (Aukrust, 1993). 

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the accused. 

*Rights of the accused.  The rights of the accused
are described in the Criminal Procedures Act.  The
accused must be informed of the nature of the
charge(s) brought against him or her upon being
arrested and attending court for the first time. 
The accused must also be given the chance to
refute the grounds on which the charge is based.
(Criminal Procedures Act, Sect.90,92,171). 
     Although the accused has a general right to
attend court proceedings and to summon and examine
witnesses, the court can order him or her to leave
the courtroom while a witness is being examined
"if there is special reason to fear that an
unreserved statement will not otherwise be made."  
The accused must be informed subsequently of the
proceedings that occurred in his or her absence. 
In special circumstances, such as if national
security interests are at stake, the accused may
be entirely excluded from the proceedings.
(Criminal Procedures Act, Sect. 135,245).  
     The court's verdict must be communicated to
the accused as soon as possible, along with
information on rights of appeal. Court judgements
and orders are to be accompanied by reasons.
(Criminal Procedures Act, Sect.39-41,43,52).  
     The accused has the right to bring appeals
against court verdicts, both on questions of fact
and questions of law. There are, however, several
limitations on the exercise of this right. For
example, appeals to the Supreme Court, which is
the highest judicial body, can only take place if
permitted by the Court's Appeals Selection
Committee (Kjoeremlsutvalget). Moreover, the
general rule is that such appeals can only be
based on alleged errors of law.  In other words,
the Supreme Court is unable to try questions of
evidence related to the issue of guilt.
(Administration of Justice in Norway, 1980: 65-66;
Criminal Procedures Act, as amended new Chapt 23,
Sect. 323, 1993).   
     The accused do not have the right to have
their cases tried by jury.  As a basic rule,
however, appeals from verdicts reached by the
court of first instance on cases concerning
felonies punishable by more than 6 years'
imprisonment are dealt with by the High Court
(Lagmannsrett).  In these cases, there is a jury
(lagrett) present to decide the question of guilt.
(Criminal Procedures Act, new Chapt 24, as
amended, 1993).

*Assistance to the accused.  As a general rule,
the accused is entitled to the assistance of
defense counsel of his or her choice during all
stages of the judicial process.  The accused is
also provided with the free assistance of defense
counsel, chosen by the court, during the main
court hearing.  There are several exceptions to
the latter rule, such as if the case involves a
certain minor offense, like driving under the
influence of alcohol, or when the accused has made
an unreserved confession.  However, these
exceptions apply only in cases tried by the City
or District Court.  (Criminal Procedures Act,
Sect. 94,96,100,107,262).

2. Procedures. 

*Preparatory procedures for bringing a suspect to
trial.  Once a person has been arrested, he or she
is brought before the court of examination and
summary jurisdiction (forhorsretten). This court
decides whether or not the person shall be
remanded in custody.  The prosecuting authority
then prepares a formal indictment
(tiltalebeslutning), which it serves on the
accused.  The indictment contains information on
the time, place and object of the coming trial and
legal details on the nature of the charge.
(Criminal Procedures Act, Sect. 184,184a). 
     When the relevant 1993 amendments to the CPA
enter into force, all criminal matters will
initially be brought to the District and City
Courts.  Appeals will be brought before the High
Court, though in special circumstances they will
be able to go directly to the Supreme Court. 
Previously, the most serious criminal cases were
tried by the High Court at first instance.  It was
also much easier to bring appeals from decisions
reached by the District and City Courts directly
before the Supreme Court, bypassing the High Court
in the process. (Criminal Procedures Act, new as
amended, Sect.5,6,8, 1993).

*Official who conducts prosecution.  The Public
Prosecution Authority is responsible for deciding
whether to prosecute and for conducting the
prosecution.  For very serious felonies, such as
murder, the decision to prosecute lies with the
Director General of Public Prosecutions. 
Responsibility for prosecuting most other types of
felonies lies with the State attorneys/Public
Prosecutors. Police Commissioners and their
immediate subordinates are also part of the Public
Prosecution Authority and have the power to
prosecute more minor cases, which are typically
misdemeanors. (Administration of Justice in
Norway, 1980: 51-52).  
     On August 27, 1993, a Royal Resolution was
issued, extending police prosecution powers to
encompass different types of felonies, such as
breaking and entering, falsification of documents,
larceny, fraud and vandalism. (Criminal Procedures
Act, new as amended, cf newly amended, Sect.67,
1993).   

*Alternatives to trial.  Minor offenses can be
settled by the police serving a writ prescribing
payment of an optional fine (forelegg) upon the
accused.  This type of writ is usually served in
minor traffic and customs offenses. If the fine is
paid, there are no further judicial proceedings. 
If the fine is not paid, the matter can be
prosecuted in court using simplified proceedings. 
For instance, a District Court judge could decide
the matter summarily.  This simplified court
procedure is also employed when an accused person
makes an unreserved confession for a crime not
punishable by more than 10 years' imprisonment,
and the confession is corroborated by evidence.
(Criminal Procedures Act, new as amended, Sect.
248, 1993; Kriminalitet og rettsvesen, 1992: 42).  

     An ordinary court trial can also be avoided:
(a) in cases where the prosecuting authority
decides not to prosecute, often with the condition
that the offender undertakes not to engage in
further criminal behavior; (b) in cases involving
persons under the age of 18, which are left to be
decided by municipal child welfare boards; and (c)
in cases which can be settled by arbitration
through the Conflict Board. (Criminal Procedures
Act, Sect. 69; Kriminalitet og rettsvesen, 1992:
42).

*Proportion of prosecuted cases going to trial. 
Investigations of felonies completed by the police
in 1991 resulted in 58,600 charges being brought
against 22,400 persons; 70% of the charges, and
approximately half of the persons charged, ended
up in trial. (Criminal Statistics 1991, 1993:
29,144).   
     Of cases involving felonies which were
investigated in 1991, 77% were not cleared up by
the end of the year.  Only 11% to 14% of cases
involving larceny were successfully investigated,
while figures for cases involving murder and
serious drug offenses were 84% and 89%,
respectively.  Of those cases which were cleared
up in 1991, 19.5% resulted in charges being laid,of which 69.5% went to trial. (Criminal Statistics
1991, 1993: 27,28,51).  
     Just as the proportion of cases successfully
investigated varies by type of offense, so does
the proportion of cases going to trial, though
often to a smaller extent and not in the same
pattern.  Approximately 75% to 80% of charges
involving larceny went to trial in 1991.  The
figures for ordinary drug crimes, serious drug
crimes and murder were approximately 78%, 97% and
80%, respectively. These percentages were
calculated using numerical data from Criminal
Statistics 1991. (1993: 53-55).

Pre-trial incarceration conditions.  A court of
examination and summary jurisdiction
(forhorsretten) can decide that an arrested person
be remanded in custody if any of the conditions
set out in Sections 171, 172 or 173 of the
Criminal Procedures Act are fulfilled.  Pre-trial
incarceration shall be "as short as possible and
must not exceed 4 weeks", but it can be extended
by up to 4 weeks at a time. (Criminal Procedures
Acts, Sect. 184, 185).  
     There is a provision for a person to forgo
arrest or be released from custody subsequent to
arrest if he or she gives certain guarantees. 
However, this practice is rarely applied.
(Andenaes, 1993: 126; Criminal Procedures Act,
Sect. 181,188). 

*Bail procedure. Information not available.

*Proportion of pre-trial offenders incarcerated. 
In 1991, just over 20% (533 persons) of the total
average number of prisoners were in custody
awaiting trial. (Criminal Statistics 1991, 1993:
124,128).

JUDICIAL SYSTEM

1. Administration. 

     At the top of the judicial hierarchy is the
Supreme Court (Hoyesterett), located in Oslo. 
Directly below the Supreme Court is the High Court
(Lagmannsrett).  There are 5 High Courts, each
covering a separate but parallel territorial
jurisdiction in  Eidsivating, Agder, Gulating,
Frostating and Hlogaland.  Below the High Court
are the District and City Courts (Herredsrett and
Byrett), which function ordinarily as the courts
of first instance. There are 98 District and City
Courts. (Kriminalitet og rettsvesen, 1992: 72-73). 
     The majority of criminal matters are settled
summarily in the forhrsrett. In 1990, for example,
35,200 criminal matters went to the District and
City Courts, of which two-thirds, or 23,800, were
settled in the forhrsrett. Also in 1990, less than
2% of all criminal matters were handled by the High
Court at first instance. (Kriminalitet og
rettsvesen, 1992: 74).

2. Special courts. 

     The majority of special courts which have
been established hear only particular kinds of
civil matters.  For instance, there is a Court of
Impeachment (Riksretten) to hear criminal charges
brought against government ministers, members of
parliament and Supreme Court judges, although it
is rarely used. (Administration of Justice in
Norway, 1980: 88).  
     There is also the Court Martial which hears
criminal charges on members of the military
(Krigsretten).  This court is made up of one
professional judge and 2 military lay judges.
(Administration of Justice in Norway, 1980: 83). 

3. Judges. 

*Number of judges.  The Supreme Court is served by
a Chief Justice (Justitiarius) and 17 judges. 
Attached to the High Court are 84 judges
(lagdommere), while 238 judges (embetsdommere) and
156 deputy judges (dommerfullmektiger) are
employed at the District and City Courts.
(Kriminalitet og rettsvesen, 1992: 72-73). 

*Appointment and qualifications.   All judges are
appointed by the King in Council upon the
recommendation of the Ministry of Justice. To be
appointed, judges must be Norwegian citizens,
financially solvent, and have achieved high
university grades when studying for their law
degree. Jurists from all professional backgrounds
can be appointed as judges. There is no formal
system of promotion through the court hierarchy.
Deputy judges tend to be relatively young and
often have just graduated law school.
(Administration of Justice in Norway, 1980: 89).  
     Lay judges can participate in the hearing of
cases.  Usually one professional judge and two lay
judges hear criminal cases at the District and
City Courts.  Amendments to the CPA in 1993 have
made it possible for more serious cases to be
heard at first instance by two professional and
three lay judges.  Previously, these cases went
straight to the High Court for a first instance
hearing. (Criminal Procedures Act, new as amended,
Sect. 276, 1993).   

PENALTIES AND SENTENCING

1. Sentencing process. 

*Who determines the sentence?  Sentences issued by
the courts of first instance (District and City
Courts) are determined by a collegium of two lay
judges and one professional judge. However, 1993
amendments to the Criminal Procedures Act make it
possible for this collegium to be expanded to
three lay judges and two professional judges for
more serious cases.  The 1993 amendments also
provide that sentences issued by the High Court
are to be determined by three professional and
four lay judges. (Lov om domstolene 13. august
1915 nr. 5). (Courts Act, cf Sect. 12,14; Criminal
Procedures Act, new as amended, Sect. 276, 332,
1993).  
     In cases tried by jury, sentences will be
determined by the professional judges, the jury
foreman and three jury members.  Sentences issued
by the Supreme Court are always determined by
professional judges.  If application of the law is
upheld, an appeal court cannot alter the sentence,
"unless it finds that the penalty is obviously
disproportionate to the criminal act committed." 
(Criminal Procedures Act, new as amended, Sect.
344,376e, 1993).  

*Is there a special sentencing hearing? 
Information not available. 

*Which persons have input into the sentencing
process?  Courts and the prosecuting authority can
order that a social inquiry on the charged person
be conducted in order to assist them in
determining an appropriate penalty. (Criminal
Procedures Act, Chapter 13). There is also
provision for the appointment of various experts
to serve either in the capacity of witnesses or in
the capacity of lay judges. (Criminal Procedures
Act, Chapter 11; Criminal Procedures Act, new as
amended, Sect. 277,332, 1993).

2. Types of penalties. 

*Range of penalties.  The main types of penalties
for criminal actions are imprisonment, social
service, and fines.  The maximum prison sentence
is 21 years, of which approximately one such
sentence is imposed each year.  Crimes that are
punished by imprisonment of up to 21 years include
murder, rape and serious drug offenses.
(Kriminalitet og rettsvesen, 1992: 58; Penal Code,
Sect. 15; Penal Code, proposed new, Sect. 40). 
     Offenders can also receive a suspended prison
sentence (betinget dom).  Suspended prison
sentences are usually given to young and/or
first-time offenders for lesser crimes.  In 1990,
1 in 3 felonies was punished with a suspended
prison sentences, either alone or in addition to
payment of fines. (Kriminalitet og rettsvesen,
1992: 58).  
     Community service involves an offender doing
unpaid community work for a set time period, with
a maximum of 360 hours.  It is usually imposed for
crimes which can be punished by up to 1 year in
prison.  It can be combined with payment of fines
and, in special circumstances, with a short period
of imprisonment.  A subsidiary term of
imprisonment (subsidioer fengselsstraff) is
usually fixed at the same time that a penalty
involving community service and/or payment of a
fine is imposed.  The subsidiary term of
imprisonment takes effect if the community service
is not carried out satisfactorily or the fine is
not paid. (Penal Code, Sect. 28,28a-28c; Penal
Code, proposed new, Sect. 40,53,57,61).  
     Another type of penalty is detention (hefte), 
a form of custodia honesta rarely applied and
dropped in the proposed new Penal Code.  However,
the proposed Code retains the penalty of
preventive detention (forvaring).  Persons who
have repeatedly committed felonies of a serious
nature and whom a court suspects will commit such
crimes once released from prison can be held back
in preventive detention.  Other penalties which
are retained in the proposed new Code include:
forfeiture of public and/or private office; loss
of the right to vote and to engage in certain
enterprises; and prohibition from entering or
staying in certain areas. (Penal Code, Sect.
29-33; Penal Code, proposed new, Chapter 9,10).   

*Death penalty.  There is no death penalty. 

PRISON

1. Description. 

*Number of prisons and type.  On July 2, 1993,
there were 48 prisons, of which 5 were central
prisons (landsfengsler) and 43 were regional
prisons (kretsfengsler, hjelpefengsler and
arbeidskolonier).  One of the central prisons
(Bredtvedt) was for females only.  Most other
prisons contained prisoners of both sexes.  Larger
prisons had special sections just for women. 
There were no prisons solely used for juveniles.
(Fridhov, 1993).

*Number of prison beds.  On July 2, 1993, there
were 1,831 places for prisoners in closed prison
institutions (lukkede anstalter) and 941 places in
open institutions (pne anstalter)(Fridhov, 1993). 
In open institutions there are no special security
measures taken to prevent prisoners escaping,
unlike those taken in closed institutions.

*Number of annual admissions.  In 1991, there were
11,497 new admissions and 550 re-admissions to
penal institutions, indicating a 6% increase from
the previous year. (Criminal Statistics 1991,
1993: 123, 129).

*Average daily population/number of prisoners.  In
1991, the average daily number of prisoners was
2,548, of which 124, or approximately 5%, were
women.  A total of 4% of those admitted to prison
in 1991 were foreign citizens residing in Norway,
of which over half had originally come from Europe
(mainly from northern Europe), 9% from America,
14% from Africa and 28% from Asia. A total of 5%
of those admitted to prison were of unknown
citizenship. (Criminal Statistics 1991, 1993:
125).

*Actual or estimated proportions of inmates
incarcerated.  The following is the percentage of
convicted offenders admitted into prison in 1991
by crime type. (Criminal Statistics 1991, 1993:
126). 

Drug Crimes                         9%
Violent Crimes (includes sexual 
offenses, various forms of bodily 
violence, murder)                  12%
Property Crimes (includes theft)   15%
Other Crimes (includes fraud, 
drunken driving, traffic offenses) 40%
Unknown                            24%

2. Administration. 

*Administration.  All prisons in Norway are
financed and administered by the State. 

*Number of prison guards.   On July 2, 1993, there
were 1,534 prison guards. (Fridhov, 1993).

*Training and qualifications.   Those seeking
recruitment as prison officers must be Norwegian
citizens, between 21 and 35 years old, and be of
good health and character.  They must also have
successfully completed secondary schooling. (Lov
om fengselsvesenet 12. desember 1958 nr. 7; Prison
Act, Sect. 6). 
     All recruits must then complete a 2 year
course of study at the Norwegian Prison College
(Fengselsskolen) in Oslo, followed by one year's
compulsory service in the prison system. (Fridhov,
1993).

*Expenditure on prison system.   In 1992,
approximately NOK 1,200,000,000 was spent on
prisons. This sum includes money spent on building
and maintaining prison facilities but does not
include money spent on education, health and
culture programs for prisoners. (Fridhov, 1993).

3. Prison Conditions.  

*Remissions.  As a general rule, prisoners are
released on parole before the period for which
they have been sentenced has expired. Normally,
they are released once they have served at least
two-thirds of their sentence, which must at least
be 2 months, including time spent in custody.  In
special circumstances, a prisoner can be released
on parole after half of the sentence has expired,
but this rarely occurs. (Andenaes, 1991: 357;
Prison Act, Sect. 35,36).

*Work/education. There are compulsory work schemesfor prisoners.  However, those serving short
prison sentences may avoid having to participate
in these schemes if it is difficult to find
appropriate work activities for them.  Prisoners
are paid for their work.  (Prison Act, Sect.
17,18). 
     Prisoners can participate in programs run by
the Ministry of Education.  These programs are
offered at all educational levels (primary,
secondary and tertiary). (Andenaes, 1991: 351). 

*Amenities/privileges.   Prisoners have visitation
rights, postal correspondence rights, the right to
lodge written complaints, and the right to be
allowed outdoors for at least an hour each day.
(Prison Act, Sect. 22-25).  
     Most prisons have a priest who holds regular
church services for prisoners and helps organize
social events.  At the larger prisons, there are
also social workers and sports and recreation
advisors whom prisoners can consult.  Prisoners
are normally allowed to have televisions, radios
and magazines in their cells. In special
circumstances, they are also allowed to leave
prison for short periods, such as to visit a sick
relative. (Andenaes, 1991: 352; Prison Act, Sect.
34). 
     There are no special treatment programs for
prisoners beyond ordinary medical services,
although it is possible to transfer prisoners to
other institutions for special treatment if
necessary.  It is also possible for a prisoner
addicted to drugs to enter into a special contract
with the prison authorities.  In this contract,
the prison authorities can offer and provide more
privileges on the condition that the prisoner
promises not to use drugs and agrees to undergo
regular urine tests to ensure the promise is being
kept. (Fridhov, 1993; Kriminalitet og rettsvesen,
1992: 62; Prison Act, Sect. 12,32).  

EXTRADITION AND TREATIES

*Extradition.  All of the Nordic countries have
enacted national laws giving them mutual
extradition rights.  (For Norway, see Act of
3 March 1961 on Extradition of Offenders to
Denmark, Finland, Iceland and Sweden; for Sweden,
see Act of 5 June 1959 on Extradition of Criminal
Offenders to Denmark, Finland, Iceland and Norway;
for Denmark, see Act of 3 February 1960 on
Extradition of Legal Offenders to Finland, Iceland,
Norway and Sweden; for Finland, see Act of 3 June
1960 on Extradition of Criminal Offenders between
Finland and the other Nordic Countries.)  Norway
also ratified the Council of Europe Convention of
December 13, 1957, giving it mutual extradition
rights in relation to Austria, Cyprus, Denmark,
Finland, France, Germany, Greece, Iceland, Ireland,
Israel, Italy, Liechtenstein, Luxembourg, the
Netherlands, Portugal, Spain, Sweden, Switzerland
and Turkey.  
     Bilateral extradition treaties have been
concluded with Australia (September 9, 1985),
Belgium (November 3, 1981), Estonia (April 3,
1930), Latvia (September 12, 1927) and the United
States (June 9, 1977).

*Exchange and transfer of prisoners.  Norwegian
citizens or residents can serve prison sentences
that were imposed by the courts in other Nordic
countries in Norway, pursuant to Section 3 of the
Act of 1963 on Enforcement of Penal Sentences
Passed in the Nordic States.  Citizens of the
other Nordic countries are also allowed to serve
Norwegian prison sentences in their respective
home countries (Sect. 5).  There are also
corresponding provisions for serving suspended
prison sentences (Chapt 3) and for the supervision
of persons released on probation (Chapt 4). (Lov
om fullbyrding av nordiske dommer p straff m.v.
15. november 1963) 
     Norway ratified the European Convention of
May 28, 1970 on the International Validity of
Criminal Judgements, and the European Convention
of March 21, 1983 on the Transfer of Sentenced
Persons.  The provisions of these conventions are
implemented in the Act of 1991 on Transfer of
Sentenced Persons, which entered into force on
April 1, 1993.  This Act provides a legal basis
for prisoner transfer arrangements with those
European countries which are party to the above
conventions. (Lov om overforing av domfelte 20.
juli 1991 nr. 67)

*Specified conditions.  Conditions for the
extradition of foreign nationals from Norway are
set out in the Act of 1975 on the Extradition of
Offenders (Sect. 26 and 27).  This Act does not
apply to extradition matters in relation to the
Nordic countries, nor does it override
international agreements entered into by Norway
prior to the Act's entry into force.  The Act also
provides a legal basis for the extradition of
foreigners to countries which have not signed an
extradition treaty with Norway. (Lov om utlevering
av lovbrytere m.v. 13. juni 1975 nr. 39).

SOURCES

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Andenaes, Johs, Alminnelig strafferett (General
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Andenaes, Johs, Norsk straffeprosess (Norwegian
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Andenaes, Johs, Norsk straffeprosess (Norwegian
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Andenaes, Johs and Bratholm, Anders, Spesiell
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Aukrust, Magnar. Director of Legal Section, Police
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Lee Bygrave
Norwegian Research Centre for Computers and Law
St Olavs plass 5
Pb. 6702 St Olavs plass
N-0130 Oslo
Norway
Tel: 47-22-85-01-01
Fax: 47-22-85-01-02