Childrens' statements to the police could be used as evidence

In a case involving violence against the defendant's former cohabitant, see section 271 of the Criminal Procedure Act, the parties’ common children, who were both under 12 years of age, were questioned by the police. They were informed of their duty to speak the truth, but nothing was said about the duty to testify. Both stated that their father had beaten their mother. This statement was withdrawn in a subsequent adapted questioning, see section 239(a). The Supreme Court found that the first police statements could be used as evidence. The Court found that the exemption from the duty to testify in section 123 of the Criminal Procedure Act must also apply to children under 12. The children should in principle then have been informed of their right to exemption, see section 235 subsection 2 of the Criminal Procedure Act, unless there was a reason not to. The Supreme Court found that such a reason existed. The Court mentioned to the considerations on which the special rules for children’s duty to testify and give evidence are based, and to the consideration of avoiding unfortunate double communication with the children. They would at any rate be required to testify under section 122 of the Criminal Procedure Act as soon as the father was charged, which happened a few hours after the first questioning. The convicted person's appeal against the Court of Appeal's procedure was dismissed.

Read the whole judgment (Norwegian only)

Area of law: Sections 122, 123, 235, 239 a of the Criminal Procedure Act

Key paragraphs: 34–38

Justices: Webster, Bull, Høgetveit Berg, Steinsvik og kst. dommar Magni Elsheim