Life sentencein Finland and other Nordic Countries

Vital and fatal questionsTallinn 16.10 2008

Ulla MohellCounsellor of Legislation

Ministry of JusticeFinland

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

Life sentence in FinlandNew 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

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

Average of prisoners 1998-2008 (until 1.9.2008)

2809 2743 28553135

3433 3578 35773888 3778

35253525

0

500

10001500

2000

2500

30003500

4000

4500

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

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

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

Life sentence in FinlandThe 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

Sentence plan

(including release plan)

Conditional release

Probationary freedom under supervision

Permission for prison leaves

Placement and replacement in prison

Work and other activities in prison

RELEASEPLAN

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

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

Life sentenced prisonersMay 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

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

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

Life sentence in SwedenNew 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:

Prisoner’s risk to commit new crime

Prisoner’s 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

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 %)

Situation in NorwayNo 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

Recommendation Rec (2003)23on 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

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

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”

Prison Rules (2006)

Rule 33:

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

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

Thank you for your attention!