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Dublin: 11 °C Sunday 19 May, 2013

21-year-sentence does not mean Breivik will walk free in 2033. Here’s why:

There is actually no limit to the number of times the court can extend the sentence.

Image: Frank Augstein/AP/Press Association Images

NORWAY PRIDES ITSELF on its fair and rehabilitation-focused penal system so the trial of a man who admitted to killing 77 innocent people posed a challenge never experienced by the country before.

The very public trial of Anders Behring Breivik raised a number of questions about how the criminal justice system operates. Back in April when proceedings began in the custom-made Oslo court room, TheJournal.ie examined the issues of what had been described as Norway’s trial of the century.

Included in that explainer was a clarification on the country’s maximum 21-year-sentence.

Norway officially abolished the death penalty in 1979 but in reality, the last execution during peacetime was back in 1876. As stated previously, the country’s penal system is based on rehabilitation and its maximum sentence is just 21 years.

However, that does not mean Breivik will walk free by 2033. Because he has been found criminally guilty, the sentence can be extended (by five years at a time) if a parole board believes he still poses a threat to society.

The court explains:

A sentence of permanent detention can be imposed if there is considerable danger of repetition. Permanent detention is not subject to any timeframe. However, the court always fixes a timeframe that may not exceed 21 years. When the timeframe expires the offender may be re-assessed. If the court concludes that there is still a danger of repetition the timeframe may be extended by up to five years at a time. There is no upper limit to the number of times that the court may extend the timeframe.

And, the key phrase: “In principle, a person that is sentenced to permanent detention can remain in prison for the rest of his or her life.”

Earlier: Anders Behring Breivik found to be sane, sentenced to 21 years>

Explainer: how the Norwegian courts operate>

Read next:

Comments (58 Comments)

  • Breivik was trying to change Norwegian society by his actions.

    By sticking to their principles, treating him no differently to any other criminal and giving a level-headed judgement and sentence, they have deprived him of the victory he sought.

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    • couldn’t agree more..

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    • Well put James. He will not see freedom, ever.

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    • I think you are correct. I got the distinct impression that this whole process was firmly in the hands of the judiciary. He must’ve gambled that he would create a highly politicized dynamic.What an awful, horrible and wasteful miscalculation: Norway is far too stable a society for that to have had any hope of happening. So bad a miscalculation, in-fact, that his sanity must really have been in-question, at some point.
      Little there though in the way of consolation for the injured and the families of them and the killed. Cold comfort to know that they live in stable society.

      Reply
  • The Norwegian system is very reasonable and worth considering.

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  • bronagh 24/08/12 #

    Watching NRK Tv now. The judge is reading out the names of every single person that was murdered in that day, their names, when they were born and the injuries that killed them. It’s very emotional. He will never be released from prison. The dead are from almost every community in Norway. Pressure will be applied by the people, through their democratic political and social representatives to secure a lifetime in prison for this evil man.

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    • Reading the above, I’d be shocked if he ever tasted freedom again. The best thing for this bollix is for him to be locked up & completly ignored for ten years only to be visited by a muslim Norwegian Prime Minister. It would hopefully make his twisted brain explode.

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  • Seems like a sensible idea to have a review of the risk the prisoner poses when his sentence has been fulfilled. Its an idea we should consider here especially for violent crimes. It would be good to see him repent and admit his wrongdoing but I don’t hold out any hope for that. just look at the Moors murderers who still fail to reveal the whereabouts of one of their victims.

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  • I think the family of each of the murdered people should be allowed into his cell every night for the next 21 years and punch him in the face.

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  • I was happy to hear he was declared sane and properly tried for his crimes. Declaring insanity has become almost a get out of jail free card and practically absolves murderers of their horrid crimes.

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    • Understandable to think but that is a common misconception, I can’t speak for Norway but in most common law jurisdictions like our own when a verdict of not guilty by reason of insanity is handed down following a trial for murder the accused will likely spend more time in an institution than they would in prison and it is no more of a walk in the park for them. Insanity doesn’t mean you’re off the hook.

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  • This guy will hopefully never be released.Ireland should adopt a similar system keeping dangerous criminals locked up.Larry Murphy and the likes Cold blooded killing psychopaths and pedophiles can’t be reformed and will definitely re-offend if released.The laws of the land should protect the decent members of society.

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    • Believe it or not, murderers and sex offenders are two of the least likely categories of offenders to reoffend.

      Of course, when they do reoffend the consequences are very serious for the victim; but it is incorrect to say that they can’t be reformed and will definitely reoffend.

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  • He is a lunatic, big smirky head on him. He’ll be kept in jail for life.

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  • Well thank god for that

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  • The only way to punish Breivik is to lock him up and deprive him of any publicity, throw him in jail and ignore him.

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  • The fact that this had to be spelled out here is reflective of the site’s acknowledgment that the user base here neither reads the articles posted properly and just skips to rant in the comments and that the average level of intelligence amongst said users is incredibly low.

    Honestly, the journals biggest competitor these days are shiny objects in the room that could potentially distract the ranting mongloids who post here from logging on.

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    • I completely disagree Ned. The initial reporting of the sentence led to much confusion among people – just have a look on any social media network. I have also seen other journalists and people in the media (outside TheJournal.ie) claim that Breivik will walk free in 2033, which is not necessarily the case.

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    • @ Ned -a green thumb for everything you’ve said above except for the word “mongoloid”, as it either insults Mongolians or the Devo song..

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    • Barro 24/08/12 #

      couldn’t agree more Ned, everytime I come on here I see peop…..oh look, tinfoil!!

      Reply
    • @ Sinead – forgive me if I’m wrong, but I think that every journal article dealing with this court case and mentioning sentencing has stated that 21 years is the maximum possible sentence, but at the end of 21 years it would be possible to extend the sentence in 5 year increments. This has been clearly stated again and again and again. Given that, the readership and especially the regular commenters can’t fall back on the “it wasn’t clearly explained” excuse. They simply don’t bother to read the articles or other comments before commenting themselves. Shouting angrily is almost more fun then listening.

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    • Ned, John and Barro,

      I’m afraid your point is being undermined by the fact that the three of you are bringing the post off-topic.

      If you need a refresher about our community policy, here it is: http://www.thejournal.ie/comments-policy/

      And maybe take a look at this Twitter search to see the level of confusion that remains (across the world) about Norway’s penal system. https://twitter.com/#!/search/%23Breivik

      Cheers,
      Sinead

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    • John,

      We replied at the same time there. I’m hoping this article caters to current TheJournal.ie readers who haven’t read previous explainers or people new to the site.

      As I said, the confusion isn’t confined to readers of this website. I saw journalists tweet about it earlier. Plus, I think it’s always interesting to examine how justice systems in other jurisdictions compare to Ireland’s. This in no way was an exercise to “spell out” facts as Ned suggests.

      S

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    • I see we have a know all online, even the worst comment can inform or reinforce your own view

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    • I’m happy to concede that this is going off topic. I’d ask then that thejournal runs an open-thread article about how the readership and the commenting on thejournal, so the readership and commenters could talk about this and still be on topic. I think it’s a valid subject and one that many readers would want to participate in and/or see the results of. Perhaps with a poll.

      Reply
    • Sinead, despite the previous article on Breivik making it absolutely clear that his sentence does not mean he will walk free, no questions asked, once that sentence is served, the comments were full of ranting about how disgraceful it is that he’ll be out so soon and calling for his death. It was absolutely clear that a good chunk of those commenting hadn’t even read the article.

      This isn’t confined to this instance either, almost all articles on economics, business or politics have large comment numbers being made by people who didn’t even want to read the article, just wanted to air their opinion on a related matter or post comments belittling the people involved.

      So although you said this isn’t trying to spell things out at a remedial level for the resident ranters, I will maintain the belief that it is.

      Focus on good journalism, not catering to idiots who come here to argue and use as a soapbox, as certain new political ‘movements’ certainly do.

      I would almost suggest moving to moderated comments that are seen to before they’re made public, as most media websites do, however I fear you’d drive the ranters elsewhere and thus ruin both the journal and whatever site you inflict the ‘rebels’ on.

      Winter is coming.

      Reply
  • @ James Daly not all murders are psychopaths and not all sex offenders are pedophiles. But among psychopaths and pedophiles there is a very high re-offence rate.Either way they shouldn’t have the opportunity to re-offend regardless of the percentages.

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    • What is the definition of a psychopath? Someone who is insane? In that case the offender would be committed to a psychiatric institution for as long as he poses a threat.

      I’ve never seen data that suggests that paedophiles have an above-average risk of reoffending – quite the opposite actually. And rehabilitative treatment has been found to be effective with these types of offenders.

      My point was (and is) that you can’t say that they can’t be reformed and will definitely reoffend. The majority of them don’t reoffend.

      And you can’t keep an entire category of offender locked up forever because there’s a chance some of them will reoffend. Each individual should be assessed and safeguards put in place. Mass permanent incarceration is not the answer.

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  • @James Daly I wasn’t having a go at you mate.Psychopaths are not insane but lack the conscience of normal people.They have different brain structures particular in the prefrontal lobes which govern higher level cognition and impulse control.As such they know there crimes are wrong they just don’t have the ability to empathise.It’s why serial killers don’t show remorse or guilt and have flat effect. Insane people have a deluded warped sense of reality and as such have diminished level of responsibility as seen in paranoid schizophrenia.

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  • corporal punishment should be worldwide..Including ireland.

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  • The Norwegian sentencing law is humanitarian but the thinking on which it seems to be predicated could not have contemplated the extreme actions of Mr Breivik. Having been found to be sane , Mr Breivik’s actions are at the extreme of criminal behaviour. He should be incarcerated for the remainder of his natural life. The Common Law legal systems , such as Ireland’s , impose a sentence of Life Imprisonment for murder. In Ireland he would receive a life sentence for each killing. It would be more straightforward to refuse parole to such a person by reason of the gravity of his offending under a life sentence. Why should an onus fall in any way on the state to have to justify continuing imprisonment after 21 years ? I recognise that it is a different system . Somehow the imposition of 21 years imprisonment does not measure up to the hatred and arrogance shown by Mr Breivik to the people of Norway. All decent reasonable people must abhor what he did and give their heartfelt sympathy to those who have lost loved ones or been injured , to those who managed to hide from him but were terrified and to everyone in Norway.

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  • I disagree with this type of system. It’s understandable for smaller crimes to have some sort of review as I’m sure rehabilitation in prisons work for some.

    But this case justice has not been done for the victims families… As unlikely as it is that he will ever get out, the families will be forced to relive the situation every time his sentence is reviewed! There is no closure!

    Sorry for the essay but this man should not be allowed to live after what he did!

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    • Joe it’s understandable to take your personal zeal into account here but Norways legal system is reflective of its culture. Their whole system is coming under a great deal of heat over this individual case. Albeit a rare crime for anywhere, it is an especially rare crime for Norway. Their system reveals a great degree of enlightenment in their society and demonstrates that they have the fortitude to try and rehabilitate rather than the cowardice to simpy carry out punitive measures and whats more impressive is that they don’t spread themselves between the two things unlike our friends across the atlantic, where we see on a daily basis how that system is failing them. In the latter example there is also the issue of where one draws the line between what you call a smaller crime and that of a larger or more serious one. Legal systems are never black and white as the danger in a miscarriage of justice invariably presents itself in the grey areas.

      Breivik will no doubt suffer for the rest of his years but this case was a test for the Norweigans and I think they have handled it without compromising themselves.

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  • Norwegian justice way too soft. why has this man been given a laptop and internet access in his cell allowing him to communicate and maybe influence like minded supporters. it’s ridiculous. cut access to the outside world except for normal prison visits. Norway, grow a pair ffs.

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  • I would leave him sit in prison for 21 years – then death penalty – rehab my hole- why help him? why reward him? ridiculous. death penalty immediately is also too easy

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  • Justice is not served by imposing a mandatory maximum of 21 years, regardless of the supposition that in 21 years this man will not walk free. That is not justice, and people need/want justice.
    Some observers would opine that our US cousins are overly harsh in their sentencing of murderers, rapists, armed robbers etc. However, one would rarely encounter a victim who thinks the sentencing regime is too harsh. The US sentencing system is weighted in favour of the victim, whereas the European system is weighted in favour of the accused.

    True justice, short of the death penalty (which I support, but understand reservations against) would demand a true life sentence for such a crime as Breivik’s. We Irish ought to have degrees of murder in our laws with, for example, a contract killing (“first degree”) jury-convicted murder such as that carried out by the killer of Veronica Guerin receiving a whole-life tariff, and “lesser” degrees of intent carrying lesser sentences.
    Then, perhaps, justice would not only be done but be seen to be done

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  • Not to execute him is immoral.

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  • Seems reasonable

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  • I think they should let him go so the public can form a lynch mob and burn him in a giant phallic wickerman.

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  • The man deserves to die for what hes done but to be honest hes a smart man because hes f**ked over the government like his trail was suppose to last 10 days and that was like 2 or 3 months ago doesn’t look good on the Norwegian government. Honestly think their all scared of him. Hes like suhn out of law abiding citizen. #longoverdue

    Reply

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