Apr 16, 2025
The Norwegian Penal System: Key Principles and Developments
The custodial sentence occupies a central position in the Norwegian penal system, but both the justification for and the forms of deprivation of liberty have undergone significant changes over time. From the inhumane conditions a couple of hundred years ago, the Norwegian prison system has evolved towards a more humane system, emphasizing rehabilitation and respect for human dignity. This article provides an overview of the history, content, and execution of custodial sentences in Norway.
History and Development of Custodial Sentences
From Isolation to Community
The development of custodial sentences in Norway reflects a shift in perspectives on how punishment should be carried out. Around the mid-1800s, when Norway reformed its prison system, the isolation of prisoners was the preferred system. The Penal Institution Commission, which presented its report in 1841, highlighted the detrimental effects of the then-prevailing community system and argued for the individual segregation of prisoners.
This led to the construction of the Botsfengslet in Oslo, which was put into use in 1851. Botsfengslet was based on the so-called Philadelphia system, where the idea was that the prisoner, in the solitude of their cell, should be driven to remorse and repentance. However, isolation also had adverse effects:
It could have a dulling effect, especially with prolonged stays
It alienated the prisoner from real life
It did not train the prisoner in handling their own freedom and responsibility
It complicated rational work operations
Throughout the 20th century, the development moved towards more community among prisoners. The Prison Reform Committee of 1927 proposed controlled community during work, education, and leisure activities. The report from the next Prison Reform Committee in 1956, which formed the basis for the Prison Act of 1958, emphasized that the benefits of community far outweighed the disadvantages.
Alleviation of Sentence Execution
Parallel to the transition from isolation to community, there has been an alleviation of the actual execution of sentences. Previously, great importance was placed on the deterring effect of the custodial sentence, both for the public and for the person sentenced. In modern prison systems, this has receded into the background.
The prevailing perspective is that the deprivation of liberty itself is punishment enough - it is not necessary to make the suffering greater than the loss of freedom itself entails. Considerations of humanity and respect for human dignity have taken precedence over deterrence.
Various Forms of Custodial Sentences
Imprisonment
The common custodial sentence is imprisonment, regardless of the severity of the offense. Imprisonment can be imposed from 14 days up to 15 years, and in cases of multiple offenses, up to 20 years. In cases where the law explicitly provides, imprisonment of up to 21 years can be imposed. This maximum was introduced in 1981 in place of the previous life imprisonment.
The length of the sentence is set in days when it is up to 4 months, and in months and years when it is over 4 months.
Other Forms of Custodial Sentences
The Penal Code also mentions detention as a form of custodial sentence. This was intended to be a sort of "honest imprisonment" (custodia honesta) with more lenient treatment and without the disgraceful character attached to imprisonment. However, detention is not used in practice.
Forced labor was previously used as a punishment for convictions of treason or war crimes, but the provisions for forced labor as a punishment have now been repealed.
Arrest (house arrest or guard arrest) under the Military Penal Code is a milder form of deprivation of liberty that still exists.
Organization of the Correctional Service
The Execution of Sentences Act of 2001 restructured the correctional service. The directorate function is now exercised by the Central Administration of the Correctional Service, which is responsible for the "professional and administrative management of the correctional service".
Below the central administration, a regional level consisting of six regions led by a regional director has been established. At the local level, there are individual prisons and probation units.
The principle is that decisions are made at the local level, but certain decisions of significant security importance are made at the regional level.
Principles for Treatment of Prisoners
The Execution of Sentences Act is based on the principle that sentences should be executed in a way that:
Takes into account the purpose of the punishment
Prevents new criminal acts
Is reassuring for society
Ensures satisfactory conditions for the inmates within these frameworks
It also emphasizes the importance of the convicted person's own contribution to preventing new criminal acts. The convicted person has an "activity obligation" during the execution of the sentence, which may consist of work, community service, education, programs, or other measures suitable for preventing new crime.
Different Execution Forms
Prisons with Different Security Levels
The Execution of Sentences Act operates with the following forms of execution:
Prison with a high security level (closed prison)
Prison with a lower security level (open prison)
Halfway house (transitional housing)
Execution outside of prison under special conditions
Release on parole
The main rule is that the convicted person should be directly placed in a prison with a high security level, as close to home as possible. Within a closed prison, a department with a particularly high-security level may be established.
Execution Outside Prison
In special cases, the execution of sentences can partially or entirely take place in institutions outside the correctional service. In case of illness, sentence execution may take place in a hospital, depending on the circumstances.
A remarkable innovation in the Execution of Sentences Act is the provision for sentence execution outside prison when half of the sentence has been served. This requires that:
It is necessary and appropriate to ensure continued positive development
It prevents new crime
Security considerations do not argue against it
The convicted person has a fixed residence and employment
The convicted person is free of substance abuse and complies with set conditions
Daily Life in Prison
Single Room or Community
The principle of community has found secure grounding in the Execution of Sentences Act. As far as practically possible, inmates should have access to community during work, education, programs, or other measures, and during leisure time.
However, the law allows exceptions to the community principle, for example, as a preventive measure or as a reaction to disciplinary breaches.
Activity Obligation and Work
The Execution of Sentences Act imposes an "activity obligation" on the convicted person, which can consist of work, community service, education, programs, or other measures suitable for preventing new crime. The correctional service is obligated to ensure that inmates are provided with daytime activities.
Inmates may also have the opportunity for release, allowing them to fulfill the activity obligation outside the prison, for instance, with an employer or at a nearby school.
Leisure and Contact with the Outside World
The correctional service must arrange for inmates to have access to leisure activities, including physical activity and cultural activities. Modern prisons offer various facilities such as sports facilities, libraries, movie nights, and options for self-study.
Inmates also have the opportunity to maintain contact with the outside world through mail, visits, and telephone, but the level of control varies with the security level of the prison.
Leave
The Execution of Sentences Act allows for different types of leave:
Welfare leave for special and weighty reasons (e.g., death or illness in the family)
Ordinary leave as part of the further execution of the sentence
Short-term leave of a few hours
Release and Aftercare
Parole
Under the Execution of Sentences Act, parole can be granted when two-thirds of the sentence time is endured, provided at least 60 days have been served. Parole should not occur when it is deemed inadvisable after a comprehensive assessment, and particular emphasis should be placed on the behavior of the convicted person during execution and whether there is reason to believe he will commit new criminal acts during the probation period.
In special cases, parole can occur when half of the sentence time has been endured.
Aftercare
Upon release, the prisoner often faces a difficult situation, especially if previously convicted. The correctional service must prepare the release and try to help the released person secure organized work and housing arrangements, particularly when the inmate has been subject to long-term deprivation of liberty.
Assessment of Custodial Sentences
Custodial sentences have their obvious drawbacks. They can suppress the prisoner's energy and initiative, create bitterness towards society, and be a significant psychological strain. Moreover, prison sentences create new difficulties for life after the sentence has been served.
At the same time, various considerations can be argued in favor of custodial sentences:
They prevent new offenses as long as the convicted person is incarcerated
They can break up criminal environments
They have a presumed general deterrent effect
For dangerous offenders, it can be challenging to forego neutralization by physical confinement
There is an ongoing debate about the justification of custodial sentences and how they can best be designed to balance the considerations of societal protection, general deterrence, and humanity.
