Extinction Rebellion demonstrators acquitted

Supreme Court judgment 26 November 2024, HR-2024-2167-A, (case no. 24-061646STR-HRET og case no. 24-061530STR-HRET), criminal case, appeal against Borgarting Court of Appeal's judgment 3 January 2024. 

 

A (Counsel Ulf Martin Veel Larsen), B (Counsel Mette Yvonne Larsen) v. The Public Prosecution Authority (Counsel Johannes Næss)


Two demonstrators had participated in sit-in actions in the reception area of the Ministry of Petroleum and Energy. After a few hours, the police ordered them to leave, which they did not do. The demonstrators were then arrested and taken to the central detention centre, where they were held for a few hours before being released. The police issued fines to the demonstrators, which they did not accept.

The Supreme Court concluded that the police had sufficient grounds to arrest the demonstrators and take them to the police station. However, the further deprivation of liberty, which involved placing them in prison cells, was disproportionate and therefore illegal.

In line with previous Supreme Court case law, it was also disproportionate to fine the demonstrators. The Supreme Court found that it was not sufficient only to waive sentencing. The demonstrators were therefore acquitted.

The ruling primarily clarifies the police's authority to arrest and detain peaceful demonstrators who do not comply with police orders.

Read the judgment from the Supreme Court (PDF)

Areas of law: Criminal law and and criminal procedure. Article 101 of the Constitution, Article 11 of the ECHR, section 173 of the Criminal Procedure Act, sections 5, 7 and 10 of the Police Act, section 61 of the Penal Code

Key paragraphs: 42-45, 51-52 and 55

Justices: Matheson, Falch, Høgetveit Berg, Sæther, Hellerslia