Sentencing process

Who determines the sentence?
Sentences issued by the courts of first instance (District and City Courts, Tingretten) 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.
In cases tried by jury, the professional judges, the jury foreman and three jury members will determine sentences. Professional judges always determine sentences issued by the Supreme Court. 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."

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.
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.