The verdict against 15-year-old needs to Supreme Court verdict against 15-year-old needs to … – Aftenposten

The verdict in Asker and Bærum District Court is going to be hotly debated in legal circles.

The reason is obvious: Never previously a child sentenced to detention center. She was 15 years and one month when she killed 30 years old Anna Kristin Gillebo Backlund on the care Small Units at Vollen in Asker in October last year.

In this respect the judgment of history.

The question is still whether the custodial penalty for a 15 year old is in violation of the Convention. Here disputed.

Legal pioneering work.

According to the Criminal Code, there must be “absolutely extraordinary circumstances” that a child under 18 years may be imposed detention. The Parliament adopted, contrary to the recommendation of the Criminal Law Commission. The Commission did suggest that no one under 18 could be sentenced to detention.

Neither the Justice Department or the legislature has given the courts further guidance on how the criterion “absolutely extraordinary circumstances” should be practiced. Here Judge Jens-Sveinung Wegner therefore undertaken a legal pioneering work.

The court believes that there are several aspects of this case that meets the statutory requirements. The court refers in part to the 15 year old girl has very serious mental health problems. Everything from 12 years of age, she has been responsible for several serious assaults. Judges also emphasizes that the forensic psychiatric expert believes she must undergo longstanding treatment – ten years, perhaps up to 20 years.

CRC.

The court makes a thorough assessment of whether the detention is in violation of the Convention. This states that in all actions concerning children, the child’s best interests shall be a primary consideration.

In conclusion, the use of detention in this specific case will not be in breach of the CRC. The verdict states that the court contrary assume custody is the best solution for the 15 year old girl. This solution will give her security against being released in a situation where she might commit new, serious crimes. That the court’s opinion be hurt – not only for those who are exposed to violence, but also for the defendant and her further development.

Defending Cecilie Nakstad warned in its litigation against detention center because she believes it will not be 15-year-old’s best. She was never to favor and on behalf of the client appealed the custody of the Court of Appeal.

It is in my view a right decision. Although the judgment in Asker and Bærum District Court is thorough, should reviewed by higher courts.

This is clearly food for the Supreme Court.

Published: 26.jun. 2015 5:37 p.m.