Norwegian Police Service - Investigation and Prosecution

Investigation and Prosecution

The Norwegian Prosecuting Authority is integrated into the Norwegian Police Service. The authority is divided into a higher and lower authority, with the higher authority (public prosecutor) being a separate government agency and the lower authority (police prosecutor) being members of the police. The latter includes chief of police, deputy chief of police, police prosecutors and deputy police prosecutors. In questions of prosecution the police districts are subordinate the Norwegian Prosecuting Authority and in other matters subordinate the National Police Directorate. The higher authorities will take decisions in serious criminal charges and for appeals. The Norwegian Persecuting Authority is led by the Director General of Public Prosecutions, which since 1997 has been Tor-Aksel Busch. The director general makes decisions of indictment in cases with a maximum penalty of twenty-one years and certain other serious crimes. There are twelve subordinate agencies, ten regional and two supporting Kripos and Økokrim, respectively. The regional public prosecution offices take decisions regarding cases not covered by the director general or the police prosecutors.

If an offense is filed, the issue may be investigated by police on duty. Permission for search and seizure is issued by the police prosecutor on duty at the police district. Apprehended people are permitted a free defense counsel at the public's expense. If the police wish to keep apprehended people in detention, the issue is brought to the relevant district court, a process which may be repeated several times if the custody needs to be extended. Investigations are led by a police prosecutor. During investigation, the case may be concluded as a non-criminal offense, dismissed, or transferred to another police district. Minor cases with a positive finding may be resolved by police penalty notice, settlement by a conflict resolution board and withdrawal of prosecution.

Criminal cases with an assumed perpetrator are sent to the public prosecutor, who will consider issuing an indictment. If positive, the trial will take place at a district court, with a police prosecutor presiding over the case. Cases with more than six years maximum penalty will normally be carried out with public prosecutors prosecuting. Either party can, on specified terms, appeal the outcome of the case to the court of appeal and ultimately the Supreme Court of Norway.

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