Why do lay judges sit in criminal cases?
A common legal principle in Norway is judgement by one's peers. For more than a hundred years, the Storting—the Norwegian Parliament—has upheld the principle that impartial members of the public should contribute their common sense and judgment in determining guilt or innocence, serving as a counterbalance and corrective to the authorities.
Lay judges therefore play an important role in our justice system. They are used as a guarantee for justice, ensuring that the public have influence and can express their opinion of justice by judging criminal cases.
Lay judges are used in the District Courts and Courts of Appeal for criminal cases. They have equal status with the professional judge and take part in deciding both the question of guilt and the appropriate sentence.
When are lay judges used?
Lay judges take part in criminal cases before the District Courts. In the Courts of Appeal they participate in cases where the question of guilt is to be determined. Lay judges can also be used in certain civil cases if the parties involved requests this.Lay judges are not used in proceedings before the Supreme Court.
In some cases, expert lay judges are appointed to provide the court with specialised knowledge in areas such as psychology, finance, or the construction industry.
A lay judge will generally attend an average of two court cases per year, although this may vary.
How are lay judges selected?
Each District Court has two panels of lay judges, one for men and one for women. The Courts of Appeal also maintain separate panels. Lay judges are selected from these panels.
Lay judges are appointed by the municipal council for a term of four years. The Courts of Justice Act (link to lovdata.no) sets out the eligibility criteria for lay judge service, including the following:
- You must be at least 21 years old and under the age of 70, be entitled to vote, and be eligible for election to the municipal council.
- You must be a Norwegian citizen or have been registered as a resident in Norway for the past three years.
- You must be able to speak and understand Norwegian.
- You must meet certain requirements relating to your criminal record.