Life sentence in Finland and other Nordic Countries

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Life sentencein Finland and other Nordic
Countries

• Vital and fatal questions
• Tallinn 16.10 2008
• Ulla Mohell
• Counsellor of Legislation
• Ministry of Justice
• Finland

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Life sentence in Finland and other Nordic
Countries

• 1. Life sentence in Finland
• Some basic information
• Life sentenced prisoners
• Treatment and conditional release
• 2. Current situation inin other Nordic Countries
• 3. Council of Europe recommendations
• Rec (2003)23 on the management of life sentenced
  and other long-term prisoners
• Rec (2003)22 on conditional release
• Prison Rules (2006)2

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Life sentence in Finland

• New legislation on enforcement of imprisonment
  and remand imprisonment
• Came into force 1.10.2006
• New provisions on conditional release
• Life sentenced prisoners are also entitled to
  conditional release based on a court decision
• Before 1.10.2006, possible only by pardon granted
  by the President of Finland
• New structure with 5 regional prisons
• New legislation is based on Human Rights
  conventions and recommendations given by the UN,
  the CoE and the CPT

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Some basic principles in the new legislation

• The content of imprisonment shall (only) be the
  loss of liberty. All restrictions on prisoners
  rights shall be based on legislation
• Living conditions in prisons shall be as close as
  possible to the regular circumstances and ways of
  life or society (work, living conditions the
  normalisation principle)
• Any negative effects resulting from the loss of
  liberty shall be prevented (visits, contacts with
  the outside world)
• Prisoners retain all their fundamental rights
  these rights can only be restricted by an act and
  in accordance with the international human rights
  conventions
• Prisoners shall be treated justly and with
  respect for their human dignity

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(No Transcript)
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Length of unconditional imprisonment In Finland

• minimum 14 days
• maximum 12 years
• in case of concurrent sentences (many sentences)
  the maximum is 15 years
• in case of consecutive sentences the maximum is
  20 years
• life sentence
• sentenced only in case of murder or some other
  aggravated crime

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Length of fixed-term prison sentence in Finland

• Average length of unconditional prison sentence
  in Finland 14.1 months
• Average length in prison before conditional
  release 8.2 months

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Life sentence in Finland

• The number of life sentenced prisoners has
  increased during the last two decades
• 1.10.2008 148 life sentenced prisoners (4,2
  of prison population)
• Life sentenced prisoners are not segregated from
  other prisoners
• Life sentenced prisoners are entitled to take
  part in all activities in prison
• Entitled to be placed in open prison on same
  conditions as fixed term prisoners (also outside
  the prison)
• Entitled to prison leaves (normally after 8 years
  are served)
• Entitled to escorted leaves once a year if not
  normal prison leaves

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Sentence plan (including release plan)
RELEASEPLAN
Conditional release
Probationary freedom under supervision
Permission for prison leaves
Placement and replacement in prison
Work and other activities in prison
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Life sentence in Finland

• Sentence planning is extremely important in case
  of life sentenced prisoners
• Sentence planning includes allocation,
  activities, prison leaves, and the date of first
  possible conditional release
• Sentence plan of life sentence prisoners covers
  the whole prison term and the parole period
  (conditional release)
• The aim is to increase the predictability of
  imprisonment
• The idea of progressive system is of utmost
  importance
• By following the sentence plan a prisoner will
  gain certain benefits/incentives transfer to a
  more open environment, prison leaves, allocation
  to an institution outside prison, and earlier
  release

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Conditional release in Finland

• Conditional release is a customary measure
• Benefits to all prisoners without exceptions
• Postponement of a conditional release occurs very
  seldom
• Main rules
• first-timers after having served ½ of the
  sentence
• recidivists after having served 2/3 of the
  sentence
• if the offence is committed under the age of 21,
  after having served 1/3 (1/2) of the sentence
• some few prisoners (dangerous recidivists) after
  5/6

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Life sentenced prisoners

• May be released after having served 12 years
• if the offence has been committed under the age
  of 21 after having served 10 years
• The following is taken into account
• the nature and number of the offence/s
• how the prisoner has followed the sentence plan
• his/her behavior in prison
• possible later criminality
• Decision is made by the Helsinki Court of Appeal
• Before a prisoner is conditionally released
  he/she may be ordered to probationary liberty
  under supervision
• If a prisoner is not released, it is possible to
  apply again after one year

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Life sentence in Finland in practice

• There are 148 life-time prisoners in Finland (4,2
  )
• Since 1.10.2006, the Helsinki Court of Appeal has
  made a total of 9 rulings in favour of
  conditional release for a life-sentenced prisoner
• 4 have been released from prison
• 4 prisoners are in probationary liberty under
  supervision (or still in prison)
• In one case conditional release has been
  cancelled
• Probationary time is the remaining sentence,
  however, no more than three years

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Life sentence in Finland

• The average time in prison has been 13,5-14 years
  (only a few cases so far !!)
• The President of Finland has the right to give
  pardon
• Before the reform came into force (1.10.2006) the
  average time served by life sentenced prisoners
  was 14-15 years

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Life sentence in Sweden

• New legislation came into force 1.11.2006
• Life sentence can be converted to a fixed-term
  sentence
• The maximum is 18 years, which is the maximum
  fixed-term sentence
• It is possible to make an application to the
  court after having served 10 years of the life
  sentence
• The court takes into consideration, for example,
  the following
• Prisoners risk to commit new crime
• Prisoners own efforts to integrate into society
• Length of the sentence already served
• As of 12.9.2008 there are 154 life-time prisoners
  in Sweden (2,9 )
• Up until 19.8.2008, 54 have made an application
  for a fixed-term sentence, 30 of which have been
  accepted
• A prisoner is eligible for conditional release
  after having served 2/3 of the sentence

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Life sentence in Denmark

• New legislation came into force 2005
• Life-time prisoners can be released after 12
  years
• Decision is made by the Minister of Justice
• 2007 2 life-time prisoners were conditionally
  released
• 21.12.2007 17 life-time prisoners (0,8 )

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Situation in Norway

• No life sentence in Norway
• Fíxed-term sentence, the maximum is 21 years
• Main rule conditional release after 2/3 is
  served
• A prisoner with a 21 years sentence is released
  after 14 years
• Decision is made by the Prison Service
• In addition, the so-called forvaring-system
  where the court gives the maximum (21 years) and
  the minimum time for the sentence in case of a
  new offence the court may decide that the
  prisoner shall be in prison until there is no
  more risk for a new crime
• Decision made by the Prison Service and the
  prosecutor together, or the court

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Recommendation Rec (2003)23

• on the management by prison administrations of
  life sentenced and other long-term prisoners
• Long-term imprisonment is 5 years or more
• Very important recommendation!
• General principles
• Individualisation principle long-term prisoners
  should be treated as individuals
• Normalisation principle conditions in prison
  should as far as possible be similar to living
  conditions in society
• Non-segregation principle not to segregate
  lifers solely because of the length of their
  sentence
• Progression principle progression towards more
  open conditions and more responsibility of the
  prisoners

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Recommendation Rec (2003)23

• Includes, among others, issues concerning
• Individual sentence planning
• Risk and needs assessment
• Security and safety in prison
• Counteracting the damaging effects of life and
  long-term sentences
• Special groups of long term prisoners
• Reintegration into society

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Recommendation on conditional release Rec (2003)22

• Rule 4 a
• In order to reduce harmful effects of
  imprisonment and to promote the resettlement of
  prisoners into society () the law should make
  conditional release available to all sentenced
  prisoners including life sentenced prisoners

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Prison Rules (2006)

• Rule 33
• All prisoners shall have the benefit of
  arrangements designed to assist them in returning
  to society

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Vital questions on life sentence

• A life sentenced prisoner should
• be treated as an individual
• not be segregated solely on the grounds of the
  length of the sentence
• have the benefits of progressive system during a
  prison sentence
• have right to know the first possible date of
  conditional release
• be given a possibility to change
• have contact with close relatives and friends
• have all possible support in resettlement into
  society after the prison sentence

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• Thank you for your attention!