QUESTIONNAIRE ON ALTERNATIVE MEASURES TO PROSECUTION – RESPONSE FROM NORWAY

1. According to the Norwegian Code of Criminal Procedures we follow a system of discretionary prosecution, and has done so for many years.
   
   Under Norwegian law, the prosecution service may discretionary “waive prosecution”. Nevertheless, this is still regarded as a “criminal law response” in the sense that a formal decision is made by a prosecutor and is seen as a criminal sanction.
   
   In 2006 2,6% of all solved criminal cases were finally resolved with a decision by the prosecutor to waive prosecution.
   
   Moreover, the prosecutor may choose to divert a case to the Conflict Resolution Board for restorative justice. In 2006 this happened in 2,2% of all solved cases.
   
   The numbers were approximately the same in 2005.
   
   
2. As is specified above, the prosecutor may choose to divert a case to the Conflict Resolution Board. For a case to be referred to the Conflict Resolution Board both the victim and the suspect has to give their consent.
   
   
3. The prosecutor decides whether a case should be referred to the Conflict Resolution Board.
   
   
4. According to the Code of Criminal Procedure the case has to be “suitable” for restorative justice. Moreover the Director of Public Prosecutions has given instructions as to what sort of cases may be referred. Generally, the procedure may be used for:
   
   - crimes of gain
   - theft of motor vehicles
   - vandalism
   - other minor crimes
   
   Mostly, the referral to the Conflict Resolution Board is used for young offenders.
   
   
5. No, see 4 above.
   
   
6. Victims are informed and their consent is necessary.
   
   
7. The Norwegian system is based on an agreement between the victim and the offender mediated by the Conflict Resolution Board. Consequently, there is no system for appeals etc. If the parties do not reach an agreement, the case is sent back to the prosecution service. The same may happen if the agreement is not fulfilled.
   
   
8. Generally, our experience with the Conflict Resolution Board is good. Many cases are solved, and there are several reports from the victims and the perpetrators that this is a very good alternative to normal criminal procedure.
   
   

9. Projects on restorative justice have been assessed by social scientists. The methods will differ somewhat according to the choices of the scientists and the particulars of the project.

10. As there are several projects that have been assessed, we recommend that you contact the Norwegian Secretariat of the Conflict Resolution Boards, Teatergt. 5, NO-0180 Oslo (www.konfliktraadet.no).