Witnesses without a duty to testify should have appeared in court

In a criminal case involving abuse in close relationships, the District Court had exempted three witnesses from appearing for the main hearing. The witnesses did not have a duty to testify under section 122 of the Criminal Procedure Act, and had given notice in advance that they would exercise their right to refuse. They had previously given statements to the police. The Supreme Court found that section 126 subsections 2 and 3 of the Criminal Procedure Act must be regarded as obsolete and that the court does not have a duty to exempt a witness without a duty to testify from appearing, but that such exemption may be granted after an individual assessment. In the individual case, the witnesses were summoned for the purpose of clarification of the case. There was a sufficient possibility that their attendance would contribute to clarification in one way or another that would have influenced the outcome. The appeal against the Court of Appeal's judgment, which set aside the District Court's judgment in favour of the witnesses, was dismissed.  

Read the whole judgment (Norwegian only)

Area of law: Criminal procedure. Sections 108, 109, 113, 126 of the Criminal Procedure Act.

Key paragraphs: 29-32.

Justice: Webster, Normann, Falch, Berglund, Thyness