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.
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.
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 misdemeanours.
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.
Alternatives
to trial.
Minor offences 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 offences. 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.
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 behaviour;
(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.
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