Court of appeal (Norway)
Encyclopedia
In Norway
, the court of appeal is the second level of courts of justice
, reviewing criminal and civil cases appeal
ed from the district courts. There are six courts of appeal, each covering a jurisdiction and based in a city. Each court is led by a senior judge president (lagman) and several appellate judges (lagdommer). The courts are administrated by the Norwegian National Courts Administration
. Decisions from civil and criminal matters, except the question of guilt, can be appealed from the courts of appeal to the Supreme Court
.
, the requirement for five guilty votes remains, as was the case in the trial of Atle Torbjørn Karlsvik
, who was acquitted after four judges voted to convict, while two voted to acquit.
Lay judges are members of the public without legal qualifications, that are appointed for periods of four years by the city and county councils. When a jury is appointed, fourteen regular and two deputy members are called, with the prosecution and defense able to remove up to two members.
In criminal cases where more than six years of prison can be handed down, the court will have a jury
of ten people deciding the guilt, as well as three professional judges who preside over the case and determine sentencing. In order to convict, at least seven of the jury members need to vote for conviction. The verdict of the jury is usually final, but can be overturned by the professional judges who then order a retrial. This happened in the NOKAS robbery
case.
The jury system has been under criticism because no reason is given for the verdict, and it has been proposed replacing it with a bench of three professional judges and six lay judges. A majority in parliament support replacing the jury system, with Venstre
the only party clearly in favor of keeping it. The Supreme Court of Norway
are also considering whether the jury system is in violation of a verdict from the European Court of Human Rights
which found the Belgian
system a violation of human rights. The reason was the possibility of being acquitted with a stated reason in a district court, and then convicted without any stated reason in the appellate court.
The chief prosecutor in Norway, Tor-Aksel Busch has been critical of the jury system, and pointed out the large number of acquittals in rape
cases as a problem, since the acquittals are often based on victim blaming
and sympathy
with the defendant.
Proponents of the jury system argue that it is the best way to keep the public's involvement in the court process and protect against wrongful convictions, and out of the hands of the judges. Defense attorneys like Sigurd Klomsæt and Frode Sulland have defended the jury system. Sulland argued that pointing to the acquittal rate in rape cases as an argument to abolish the jury, is tantamount to lowering the burden of proof.
were created as assembly of the great farmers to set laws and convict people of breaching them. These main things were Borgarting, Eidsivating
, Gulating
and Frostating
, but many smaller ones existed, and courts could be raised in any, or even multiple things, creating a fog of legal doubt in cases of disagreements. From about 1300 King Håkon V allowed cases to be appealed directly to the king, for final decision. District courts were establish transitionally from the old things to bygdeting, consisting of six or twelve lay judges (lagrettemann) appointed by the king. In 1539, with the removal of the Norwegian Riksråd, a system of herredag was introduced each ten, later three, years. It acted as court of appeal for peasants, and first instance for the nobility. These things met in Oslo, Skien, Stavanger
, Bergen and Trondheim; from 1625 only in Oslo and Bergen.
A system of courts with instances, so a case could be appealed, was introduced in 1607. At first there were fourt levels of court. The district courts remained, but cases could be appealed to appeal judges (lagmann). Further they could be appealed to the herredag, and at last to the king. In 1661, with the introduction of the absolute monarchy
, a supreme court was created in Copenhagen
, allowing a single and final decision to be made by one court. The following year the district courts were supplemented with the city courts, creating another level under the courts of appeal. The courts of appeal lated until 1797, when they were removed.
In 1797 four high courts (overrett) were created, replacing the courts of appeal. These were located in Christiania (Oslo), Bergen, Kristiansand
and Throndhjem. In 1890 they were reorganized and reduced to only three courts, with Kristiansand losing its seat. The courts of appeal lated until 1797, when they were removed. At the same time the courts of appeal were reintroduced, and divided into five constitutions.
The high courts remained until 1936, but were limited to only written procedure, while only oral procedure was permitted in the courts of appeal. In addition, the two levels had non-compatible jurisdictions, creating confusion and an unnecessary complexity. With the new system, the court of appeal became the second level for all civil cases, and lesser criminal cases, while they became the first level for serious criminal charges. This was changed in 1995 when all matters were to be handled by the district courts first. At the same time, the Eidsivating Court of Appeal was split in two, with Oppland, Hedmark and northern Akershus being administrated from Hamar and taking the name, while the Oslo office took the new name Borgarting.
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, the court of appeal is the second level of courts of justice
Courts of Justice of Norway
The structure of the Courts of Justice in Norway is pyramidic and hierarchic with the Supreme Court at the apex. The conciliation boards only hear certain types of civil cases. The District Courts are deemed to be the first instance of the Courts of Justice...
, reviewing criminal and civil cases appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed from the district courts. There are six courts of appeal, each covering a jurisdiction and based in a city. Each court is led by a senior judge president (lagman) and several appellate judges (lagdommer). The courts are administrated by the Norwegian National Courts Administration
Norwegian National Courts Administration
Norwegian National Courts Administration is a Norwegian government agency responsible for the management and operations of the Courts of Justice of Norway. It is purely an administrative organisation, and does not interfere with the judicial processes nor the appointment of judges or other...
. Decisions from civil and criminal matters, except the question of guilt, can be appealed from the courts of appeal to the Supreme Court
Supreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
.
Criminal cases
In criminal cases where the crime is punishable by no more than six years in prison, the court consists of three professional judges and four lay judges; all seven have equal votes in the decisions. In order to convict, five of the seven judges must vote for conviction. Even if the bench is reduced because of a recusalRecusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
, the requirement for five guilty votes remains, as was the case in the trial of Atle Torbjørn Karlsvik
Atle Torbjørn Karlsvik
Rear Admiral Atle Torbjørn Karlsvik is a Norwegian naval officer who is charged for fraud and dereliction of duty. The appointment of him to Rear Admiral has in itself been surrounded by controversy...
, who was acquitted after four judges voted to convict, while two voted to acquit.
Lay judges are members of the public without legal qualifications, that are appointed for periods of four years by the city and county councils. When a jury is appointed, fourteen regular and two deputy members are called, with the prosecution and defense able to remove up to two members.
In criminal cases where more than six years of prison can be handed down, the court will have a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of ten people deciding the guilt, as well as three professional judges who preside over the case and determine sentencing. In order to convict, at least seven of the jury members need to vote for conviction. The verdict of the jury is usually final, but can be overturned by the professional judges who then order a retrial. This happened in the NOKAS robbery
NOKAS robbery
NOKAS robbery is the commonly used name for the robbery of a Nokas Cash Handling cash counting center in Kongensgate in Stavanger, Norway, on 5 April 2004, at approximately 8am....
case.
The jury system has been under criticism because no reason is given for the verdict, and it has been proposed replacing it with a bench of three professional judges and six lay judges. A majority in parliament support replacing the jury system, with Venstre
Venstre
Venstre is the name of two Scandinavian liberal political parties*Venstre *Venstre...
the only party clearly in favor of keeping it. The Supreme Court of Norway
Supreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
are also considering whether the jury system is in violation of a verdict from the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
which found the Belgian
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
system a violation of human rights. The reason was the possibility of being acquitted with a stated reason in a district court, and then convicted without any stated reason in the appellate court.
The chief prosecutor in Norway, Tor-Aksel Busch has been critical of the jury system, and pointed out the large number of acquittals in rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
cases as a problem, since the acquittals are often based on victim blaming
Victim blaming
Victim blaming occurs when the victim of a crime, an accident, or any type of abusive maltreatment are held entirely or partially responsible for the transgressions committed against them. Blaming the victim has traditionally emerged especially in racist and sexist forms...
and sympathy
Sympathy
Sympathy is a social affinity in which one person stands with another person, closely understanding his or her feelings. Also known as empathic concern, it is the feeling of compassion or concern for another, the wish to see them better off or happier. Although empathy and sympathy are often used...
with the defendant.
Proponents of the jury system argue that it is the best way to keep the public's involvement in the court process and protect against wrongful convictions, and out of the hands of the judges. Defense attorneys like Sigurd Klomsæt and Frode Sulland have defended the jury system. Sulland argued that pointing to the acquittal rate in rape cases as an argument to abolish the jury, is tantamount to lowering the burden of proof.
Civil cases
In civil cases, the court will consists of three judicial judges, though two or four lay judges may be appointed in certain cases.Courts
There are six courts of appeal:- AgderAgder Court of AppealAgder Court of Appeal is the court of appeal located in Skien, Norway. It serves the counties of Aust-Agder, Telemark, Vest-Agder and Vestfold. The court has 21 judges and 13 administrative staff, including a director...
, based in SkienSkien' is a city and municipality in Telemark county, Norway. It is part of the traditional region of Grenland. The administrative centre of the municipality is the city of Skien. Skien is also the administrative centre of Telemark county....
, serves the counties of Aust-Agder, Telemark, Vest-Agder and Vestfold. - BorgartingBorgarting Court of AppealBorgarting Court of Appeal is the court of appeal located in Oslo, Norway. It serves the counties of Oslo, Buskerud, Østfold and southern Akershus. The court has 62 judges and 45 administrative staff...
, based in OsloOsloOslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King...
, serves the counties of Oslo, Buskerud, Østfold and southern Akershus. - EidsivatingEidsivating Court of AppealEidsivating Court of Appeal is the court of appeal located in Hamar, Norway. It serves the counties of Hedmark, Oppland and northern Akershus. In addition to Hamar, the court may meet in Lillehammer and Eidsvoll...
, based in HamarHamaris a town and municipality in Hedmark county, Norway. It is part of the traditional region of Hedmarken. The administrative centre of the municipality is the town of Hamar. The municipality of Hamar was separated from Vang as a town and municipality of its own in 1849...
, serves the counties of Hedmark, Oppland and northern Akershus. - FrostatingFrostating Court of AppealFrostating Court of Appeal is a court of appeal located in Trondheim, Norway. It serves as an appeal for the district courts in the counties of Nord-Trøndelag, Sør-Trøndelag and Møre og Romsdal....
, based in TrondheimTrondheimTrondheim , historically, Nidaros and Trondhjem, is a city and municipality in Sør-Trøndelag county, Norway. With a population of 173,486, it is the third most populous municipality and city in the country, although the fourth largest metropolitan area. It is the administrative centre of...
, serves the counties of Møre og Romsdal, Nord-Trøndelag and Sør-Trøndelag. - GulatingGulating Court of AppealGulating Court of Appeal is a Norwegian Court of Appeal.-Jurisdiction:Gulating Court of Appeal is based in Bergen, Norway. Gulating Court of Appeal holding many hearings in Stavanger and also maintains permanent offices in the Stavanger Courthouse....
, based in BergenBergenBergen is the second largest city in Norway with a population of as of , . Bergen is the administrative centre of Hordaland county. Greater Bergen or Bergen Metropolitan Area as defined by Statistics Norway, has a population of as of , ....
, serves the counties of Hordaland, Rogaland and Sogn og Fjordane. - HålogalandHålogaland Court of AppealHålogaland Court of Appeal is the court of appeal located in Tromsø, Norway. It serves the counties of Nordland, Troms and Finnmark. In addition to Tromsø, the court may meet in Bodø and Mo i Rana. The court is administrated by the Norwegian National Courts Administration.From the Middle Ages,...
, based in TromsøTromsøTromsø is a city and municipality in Troms county, Norway. The administrative centre of the municipality is the city of Tromsø.Tromsø city is the ninth largest urban area in Norway by population, and the seventh largest city in Norway by population...
, serves the counties of Finnmark, Nordland and Troms.
History
The court system in Norway dates back to about 950, when the thingsThing (assembly)
A thing was the governing assembly in Germanic and introduced into some Celtic societies, made up of the free people of the community and presided by lawspeakers, meeting in a place called a thingstead...
were created as assembly of the great farmers to set laws and convict people of breaching them. These main things were Borgarting, Eidsivating
Eidsivating
Eidsivating was the name of one of the original Norwegian popular assemblies or Tings. Historically it was the site of court and assembly for eastern parts of Norway....
, Gulating
Gulating
Gulaþing is both the name of one of the first Norwegian legislative assemblies or Þing and one of the present day law courts of western Norway.-History:...
and Frostating
Frostating
Frostating was the site of an early Norwegian court. Frostating had its seat at Tinghaugen in Frosta municipality in the county of Nord-Trøndelag.-Tinghaugen:...
, but many smaller ones existed, and courts could be raised in any, or even multiple things, creating a fog of legal doubt in cases of disagreements. From about 1300 King Håkon V allowed cases to be appealed directly to the king, for final decision. District courts were establish transitionally from the old things to bygdeting, consisting of six or twelve lay judges (lagrettemann) appointed by the king. In 1539, with the removal of the Norwegian Riksråd, a system of herredag was introduced each ten, later three, years. It acted as court of appeal for peasants, and first instance for the nobility. These things met in Oslo, Skien, Stavanger
Stavanger
Stavanger is a city and municipality in the county of Rogaland, Norway.Stavanger municipality has a population of 126,469. There are 197,852 people living in the Stavanger conurbation, making Stavanger the fourth largest city, but the third largest urban area, in Norway...
, Bergen and Trondheim; from 1625 only in Oslo and Bergen.
A system of courts with instances, so a case could be appealed, was introduced in 1607. At first there were fourt levels of court. The district courts remained, but cases could be appealed to appeal judges (lagmann). Further they could be appealed to the herredag, and at last to the king. In 1661, with the introduction of the absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
, a supreme court was created in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
, allowing a single and final decision to be made by one court. The following year the district courts were supplemented with the city courts, creating another level under the courts of appeal. The courts of appeal lated until 1797, when they were removed.
In 1797 four high courts (overrett) were created, replacing the courts of appeal. These were located in Christiania (Oslo), Bergen, Kristiansand
Kristiansand
-History:As indicated by archeological findings in the city, the Kristiansand area has been settled at least since 400 AD. A royal farm is known to have been situated on Oddernes as early as 800, and the first church was built around 1040...
and Throndhjem. In 1890 they were reorganized and reduced to only three courts, with Kristiansand losing its seat. The courts of appeal lated until 1797, when they were removed. At the same time the courts of appeal were reintroduced, and divided into five constitutions.
The high courts remained until 1936, but were limited to only written procedure, while only oral procedure was permitted in the courts of appeal. In addition, the two levels had non-compatible jurisdictions, creating confusion and an unnecessary complexity. With the new system, the court of appeal became the second level for all civil cases, and lesser criminal cases, while they became the first level for serious criminal charges. This was changed in 1995 when all matters were to be handled by the district courts first. At the same time, the Eidsivating Court of Appeal was split in two, with Oppland, Hedmark and northern Akershus being administrated from Hamar and taking the name, while the Oslo office took the new name Borgarting.