Offender granted parole after 18 years of preventive detention

A man, now 74 years old, was sentenced in 2008 to preventive detention for several serious violent and sexual offences. The preventive detention order has subsequently been extended on several occasions, most recently until 31 March 2029. The issue before the Supreme Court was whether he should be released on parole subject to specified conditions.

The Supreme Court unanimously held that the offender should be released on parole. There is no longer an obvious risk of new serious offences if he is released on the conditions laid down by the Supreme Court.

The Supreme Court took as its starting point the serious offences of which the offender had been convicted and his dissocial personality disorder. However, this had to be weighed against the fact that he had not committed any acts of violence or sexual abuse during the period of preventive detention, that his age and physical health reduce the risk of further serious offending, and that he had shown positive development in recent years. The conditions attached to the parole release also help to reduce the risk of new serious offences.

The judgment provides guidance on the assessment to be made when considering parole from preventive detention.

Area of law: Criminal law, preventive detention, parole

Key paragraphs: 16–18, 35, 47

Justices: Webster, Falkanger, Steinsvik, Lund, Horn