{"id":377,"date":"2024-09-06T11:03:48","date_gmt":"2024-09-06T11:03:48","guid":{"rendered":"https:\/\/cbss.org\/bsr-trm\/?page_id=377"},"modified":"2024-11-18T13:34:43","modified_gmt":"2024-11-18T13:34:43","slug":"pre-trial-investigation-and-criminal-proceedings","status":"publish","type":"page","link":"https:\/\/cbss.org\/bsr-trm\/countries\/norway\/pre-trial-investigation-and-criminal-proceedings\/","title":{"rendered":"Pre-trial investigation and criminal proceedings"},"content":{"rendered":"\n
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Assistance available for the victim during the criminal procedure<\/h3>\n<\/div><\/div>\n\n\n\n

According to the Legal Aid Act, all victims of human trafficking are entitled to a minimum of three hours of free legal aid. The legal aid can be used for instance to help the victims to decide whether to report the crime to the police. One can also apply to the County Governor for an extension of the free legal aid grant.<\/p>\n\n\n\n

After the criminal report has been filed, victims have the right to free legal assistance until the end of the criminal proceedings. The assistance can be provided by a lawyer appointed by the court or another specialized lawyer. If the case is dismissed or changed to a lesser offence, the victim generally loses the right to free legal aid. <\/p>\n\n\n\n

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Child<\/strong><\/strong><\/strong>ren<\/h5>\n\n\n\n

Interviews with children under the age of 16, children between the ages of 16 and 18 in cases involving sexual abuse or family violence, and vulnerable adults are conducted in children\u2019s houses (Barnehus). There are eleven children\u2019s houses in Norway. <\/p>\n\n\n\n

The children\u2019s houses have specialised interviewing rooms with video and audio links to a viewing room, where authorised persons can observe the interview. <\/p>\n\n\n\n

Interviews with children must be conducted by police prosecutors who have received special training on how to work with children. A video recording of the interview is used in court proceedings, so that the child does not have to testify. <\/p>\n<\/div><\/div>\n\n\n\n

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Protection of the victim during the criminal procedure<\/h3>\n<\/div><\/div>\n\n\n\n

The police prepare a risk assessment for victims of human trafficking participating in the investigation. Depending on the risks identified, additional protection measures can be introduced. These include: <\/p>\n\n\n\n

    \n
  • A contact person in the police<\/li>\n\n\n\n
  • Personal alarms<\/li>\n\n\n\n
  • Escort to and from police interviews and court session<\/li>\n\n\n\n
  • Being moved to a secret address<\/li>\n\n\n\n
  • Access to a witness protection programme<\/li>\n<\/ul>\n\n\n\n

    Some police districts have cooperation agreements with NGOs and collaborate with them to provide necessary protection to victims. <\/p>\n\n\n\n

    During the court procedure, the court can take many actions to protect the victim\u2019s privacy. These actions are based on the Norwegian Criminal Procedure Act, and include:<\/p>\n\n\n\n

      \n
    • Limitations on how the victims\/witnesses can be questioned<\/li>\n\n\n\n
    • Ensuring that the examination considers the needs of the witness\u00a0<\/li>\n\n\n\n
    • Ordering the defendant or other persons to leave the courtroom during the victim\u2019s testimony\u00a0<\/li>\n\n\n\n
    • Restricting or prohibiting public participation in the trial.\u00a0<\/li>\n<\/ul>\n\n\n\n

      Moreover, the witness may be granted anonymity if there is a risk of a threat against the life, health, or welfare of the witness or persons close to them. Photographing or filming the court proceedings is not permitted.  <\/p>\n\n\n\n

      According to section 36 of the Execution of Penalties Act, correctional services must inform victims or their relatives if the defendant is released from prison.<\/p>\n\n\n\n

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      \n

      Receiving compensation<\/h2>\n<\/div><\/div>\n\n\n\n

      Victims can seek compensation from their perpetrators in criminal proceedings or take civil action against them. According to the Compensation for Victims of Violent Crimes Act, victims of human trafficking are also entitled to compensation from the state. State compensation is awarded by the Norwegian Criminal Injuries Compensation Authority. <\/p>\n\n\n\n

      Victims of human trafficking are entitled to five hours of free legal aid when applying for state compensation. Free legal aid can furthermore be potentially received for civil proceedings. <\/p>\n\n\n\n

      Compensation claims are primarily considered during the criminal proceedings. Victims are entitled to compensation if they have been subjected to a specified set of violent crimes, including human trafficking. Thus, victims do not have to show that they have suffered an injury because of the crime. <\/p>\n\n\n\n

      If a court orders the perpetrator to compensate the victim, the Criminal Injuries Compensation Authority disburses the corresponding amount to the victim. The victim is automatically entitled to this state compensation without needing to apply for it. However, victims have to file a claim to receive the disbursement. After compensating the victim, the state will seek to recover the money from the perpetrator. <\/p>\n\n\n\n

      If the case is dismissed or settled without court proceedings, the victim can apply for compensation from the Criminal Injuries Compensation Authority. In these instances, the Authority makes an independent assessment of the case to decide on the potential award of compensation. <\/p>\n","protected":false},"excerpt":{"rendered":"

      Assistance available for the victim during the criminal procedure According to the Legal Aid Act, all victims of human trafficking are entitled to a minimum…<\/p>\n","protected":false},"author":201,"featured_media":849,"parent":106,"menu_order":4,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-377","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/377","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/users\/201"}],"replies":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/comments?post=377"}],"version-history":[{"count":8,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/377\/revisions"}],"predecessor-version":[{"id":1124,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/377\/revisions\/1124"}],"up":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/106"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/media\/849"}],"wp:attachment":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/media?parent=377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}