Qualification of judge and former head of drug rehabilitation programme with court control
The Supreme Court judgment 25 June 2020, HR-2020-1333-A, (case no. 20-043611STR-HRET), criminal case, appeal against judgment.
A (Counsel Svein Kjetil Stallemo) v. The Public Prosecution Authority (Counsel Kristin Natasha Røhne)
Justices: Møse, Bergsjø, Falch, Bergh, Steinsvik
The District Court had handed down a judgment on execution of sentence after a breach of special conditions during the completion of a drug-treatment programme with court control, see section 39 subsection 2 of the Penal Code. The judgment was pronounced by the same judge who had been head of the court control. The defendant's appeal against the procedure, which concerned the qualification of the judge, proceeded directly to the Supreme Court. The Supreme Court's majority of three judges found that there was no basis for establishing a general principle that a judge and head of court control is disqualified from hearing a case regarding execution of sentence after breach of special conditions under section 39 subsection 2 of the Penal Code. In the individual assessment, the majority found that the judge was disqualified. It was considered crucial that the judge in an email to the Norwegian Correctional Service had expressed views on the execution issue. In cases like this, it had to be emphasised to a larger extent than usual that an objection had been raised against the judge's qualification. The minority of two judges, who reached the same result, found that the general rule had to be that such judges are disqualified to make decisions on execution under section 39 subsection 2. The District Court's judgment and main hearing were set aside. Partially dissenting votes 3-2 regarding the reasoning.