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.

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.

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 (konfliktråd) present as an arbitrator. Several conditions must be fulfilled before this can occur. The offence must not be so serious as to incur imprisonment, the offender must be proved guilty of the alleged offence, and both the offender and victim must consent to the matter being settled out of court in the way described. 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 and the Legal Aid. 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 offenders pay a fine. In addition, Section 107a provides that in cases involving a contravention of Sections 192 to 196 of the Penal Code (sexual offences), 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.

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.

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.