Written hearing of a criminal case
On 3 April 2020 – for the first time in history – the Supreme Court of Norway handed down a judgment in a criminal case after a written hearing. A written hearing means that counsel for both sides make written submissions instead of arguing their cases before the justices at the Supreme Court Building.
The case concerned penalty for sexual assault. The Supreme Court was composed of Chief Justice Øie and Justices Webster, Bergsjø, Bergh and Thyness. After having studied the written submissions, the Supreme Court assembled as usual for deliberations. In these days, such deliberations take place by way of video conference.
Written hearings in the Supreme Court are permitted under the newly adopted Corona Virus Act and pertaining Regulations, and may only be conducted in cases where this is considered expedient. Before the court decides on a written hearing, the parties are invited to make a statement.