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 were 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. The Danish King, Christian V, initiated this codification. 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 sets of new general provisions have not yet been sent out for a general hearing.

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. The Penal Code and Criminal Procedure Act are the two main laws governing the civil administration of criminal justice in Norway. Two corresponding laws govern the military administration of criminal justice: the Military Penal Code of 1902 and Military Criminal Procedures Act of 1900.