Community Service in Norway: Scope and Legal Framework

Community punishment is a penal sanction carried out in freedom and constitutes an important alternative to unconditional imprisonment in the Norwegian penal system. This article provides an overview of the history, scope, and content of community punishment, as well as the conditions for its imposition and the consequences of violations of these conditions.

Historical Development

Community punishment has its precursor in the arrangement of community service, which was first introduced in England in the 1970s. In Norway, the use of community service as a condition for a suspended sentence began in 1984. A supplementary law dated March 15, 1991, made community service an independent penal sanction, serving as a middle ground between unconditional and conditional sentences.

Community service was primarily intended as an alternative to unconditional imprisonment. The aim was to avoid the negative effects of incarceration, while it was assumed that community service would be more cost-effective for the public sector. From an individual prevention perspective, the impact of community service was considered nearly equivalent to that of unconditional imprisonment.

The application of community service reached its peak in 1994 with 1,026 sentences executed, before the number gradually declined to 546 in 1999. In the Government Report No. 27 for 1997-98 "Regarding the Correctional Services," the Ministry expressed a desire to increase the use of community punishments and to associate imprisonment with more serious crime.

The new penal sanction "community punishment" was introduced by the Act of May 16, 2001, No. 21, and the rules came into effect on March 1, 2002. Community punishment then replaced community service and is broader in content, as it includes not only useful community service but also programs and/or other measures that can help prevent new crimes.

Scope of Community Punishment

General Conditions

Community punishment can be imposed when "the consideration of the purpose of the punishment does not argue against a reaction in freedom" (Penal Code § 28a, first paragraph). This condition limits community punishment in relation to unconditional imprisonment.

The scope of community punishment includes cases where community service was previously applied, as well as cases where community service would not have been imposed. The central application area for community service was:

• Theft-related offenses

• Car thefts

• Burglary

• Vandalism

In cases of serious drug-related crime, the courts have traditionally been reluctant to impose community service. An important factor has been whether there is a promising rehabilitation situation. In cases of violent and sexual offenses as well as serious traffic violations, there has also been reluctance to apply community service for general preventative reasons.

The Supreme Court has confirmed in several rulings since the legislative change that the scope of community punishment should be able to expand unless it is contrary to the purpose of the punishment. Community punishment has been applied, among others, in cases of:

• Social security fraud

• Production and sale of moonshine

• Speeding committed by youth

• Driving without a license

• Rape committed by minors

• Data breaches combined with data deletion

Penalty Frame Limitations

Community punishment can only be applied for crimes where the penalty frame does not exceed six years of imprisonment. Increases in the maximum penalty due to repetition and concurrence should be disregarded. This limitation does not apply when the perpetrator was under 18 years of age, or when one of the other penalty reduction grounds under Penal Code §§ 56 to 59 exists, such as an unconditional confession.

Consent and Residency

Community punishment requires a significant active effort from the convicted individual, and the sanction can therefore only be imposed when the accused consents. Furthermore, the punishment can only be applied when the accused resides in Norway. The convicted person must also remain in the country during the execution period, unless the correctional services grant permission otherwise.

Content of Community Punishment

Total Hours and Execution Time

The court determines the total number of hours the community punishment should include, as well as the execution time. The total hours should range between 30 and 420 hours. It must correspond to the subsidiary imprisonment, and the norm is 30 hours per month. For short prison sentences, proportionally more hours of community punishment are often applied than days of subsidiary prison sentence.

The execution time should be up to one year unless strong reasons argue for a longer execution time. As a starting point, it should have the same length as the subsidiary imprisonment. However, the Supreme Court has not set an execution time shorter than 90 days. The execution time runs from the first actual appearance with the correctional services.

Subsidiary Imprisonment

The judgment should include a subsidiary prison sentence corresponding to the length of the sentence that would have been imposed without community punishment. Since the subsidiary imprisonment and execution time should correspond, community punishment can only be exceptionally applied when the alternative imprisonment would have exceeded one year.

In the subsidiary imprisonment, deductions must be made for any deprivation of liberty related to the case. Simultaneously, the number of hours of community punishment should be reduced proportionately.

Special Conditions and Combination Possibilities

The judgment may stipulate that the convicted person must comply during the execution period with regulations set by the correctional services regarding residence, place of stay, work, training, or treatment. The convicted person may also be forbidden from associating with specific individuals.

Community punishment can be combined with a fine. In "special cases," community punishment may also be combined with unconditional imprisonment for up to 30 days.

Execution of Community Punishment

Community punishment is executed under the auspices of the correctional services in freedom. According to the Penal Enforcement Act § 53, the punishment should include:

• Community service (unpaid work)

• Programs

• Other measures suitable for preventing new crimes

The correctional services determine the specific content of community punishment within the framework set by the court in each individual case. Measures can be tailored following an individual assessment.

"Program" assumes voluntariness from the convicted person's side. In implementing the alternatives of programs and other measures, particular emphasis should be placed on actions that can enhance the convicted person's ability to cease their criminal behavior pattern.

The programs may, for example, relate to the convicted person's ability to control violent tendencies. "Other measures" include, among other things, structured and targeted conversations by the correctional services with the convicted person and treatments that address the convicted person's criminal behavior pattern. If both the convicted person and the victim wish, it may also be applicable to spend hours mediating in a conflict resolution board.

Consequences of Violations of Conditions

Violation of Conditions

If the convicted person intentionally or negligently violates the provisions given in or under the Penal Enforcement Act, the correctional services may require the convicted person to attend a meeting to reinforce the requirements (reinforcement meeting). If it appears necessary to prevent further breaches, the correctional services shall set new conditions.

The punishment cannot be converted to imprisonment at the first breach of conditions. However, if the convicted person breaches the requirements again after a reinforcement meeting or the establishment of new conditions, the correctional services should bring the case before the district court with a request that the subsidiary imprisonment be fully or partially executed.

To avoid the execution time running out, thereby preventing a reaction to the breach, the correctional services may interrupt the execution if the convicted person does not attend a reinforcement meeting.

New Criminal Act During Execution Time

In the event of a new criminal act during the execution period, the subsidiary imprisonment may be fully or partially executed. It is up to the court's discretion to decide whether a new criminal act should result in conversion, and there is an opportunity to issue a new sentence for community punishment as a combined penalty. This usually requires that the new offenses are not extensive.

Conversion must occur before the execution period expires. To prevent it from expiring before the matter is resolved, the correctional services can interrupt the execution when the convicted person gains the status of being accused of the new offenses.

Summary

The community punishment is an important penal sanction in the Norwegian legal system, providing the courts an alternative to unconditional imprisonment. It allows for individual adaptation while maintaining the purpose of the punishment. The sanction has evolved from a mere condition of a suspended sentence to become an independent reaction with broader content. The courts have gradually expanded its application area, particularly concerning young offenders and where rehabilitation considerations are applicable.