Nearly all sanctions are fines

Published:

In 2018, the overall decline in sanctions continued, but was less marked than in recent years. Various types of fines continue to dominate the statistics, either individually or in combination with other types of sanctions, and fines make up about 95 per cent of all sanctions.

In total, 270 300 sanctions were registered in 2018, according to new figures from the statistics on Sanctions. This is a decline of 2.5 per cent from the year before, thus furthering the trend of an annual decline in the number of sanctions. Furthermore, 244 000 persons were given at least one of these sanctions. One out of ten sanctioned persons were given two or more sanctions during the year.

Three out of four sanctions were on the spot fines

In 2018, the police issued 187 700 on the spot fines for violations of the Road Traffic Act, mainly for minor speeding violations. The Norwegian Customs authority issued a total of 18 300 on the spot fines for minor smuggling. Furthermore, 47 400 sanctions were settled by the prosecution authority through either a ticket fine or with the prosecution being conditionally dropped, which represents a combined drop of 5 per cent from the year before. The most common principal offence for these sanctions is traffic offences, as well as drug and alcohol offences and public order and integrity violations. 

Among the sanctions registered in 2018, 16 900 were settled in the courts. This is 4.3 per cent less than the year before and 34 per cent less than the peak year of 2005. If we factor in population growth, this is the lowest figure for registered sanctions since the 1960s. Among in-court sanctions, drug and alcohol offences (including driving under the influence) are dominant, followed by violence and maltreatment as the second most prominent group of principal offence.

Figure 1. Sanctions by type of sanction and sentencing

On the spot fine Ticket fine Sentence with fine Sentence without fine Prosecution conditionally dropped
2002 139587 46942 9898 9402 159
2003 181960 52587 11158 11177 164
2004 225704 55376 9420 10982 559
2005 233190 56457 12340 13251 951
2006 263659 58603 11222 12626 772
2007 269398 62917 11097 12311 1426
2008 256350 58053 10312 11935 1706
2009 234032 55393 9677 11220 1959
2010 253755 56257 10323 13083 2615
2011 237586 55525 9176 11898 2716
2012 240239 54606 8453 11375 2349
2013 228823 55385 9245 12675 3208
2014 224884 52868 8291 11365 3303
2015 213989 53922 9136 11326 3477
2016 217197 50586 8872 11007 3261
2017 209609 46199 7940 9752 3675
2018 206036 43382 7395 9532 3992

Fines common also among in-court sanctions

Among the 2018 in-court sanctions, 44 per cent – 7 400 sanctions – involved fines, most often in combination with another type of sanction. Confiscations and claims for damages/restitution come in addition to the sanctioned fines.

In 2018, the total number of fines amounted to NOK 1.2 billion, which is 6.2 per cent less than the year before, and about level with the previous ten-year average. On the spot fines were issued at an average of NOK 3 400. Ticket fines, including 500 ticket fines given to enterprises, made up an average of NOK 8 000, while in-court fines averaged NOK 19 900.

Many sanctions are made conditional

If we view in-court sanctions together with the conditional dropping of prosecution, the conditional or partly conditional sanctions make up 45 per cent of the sanctions in 2018, as shown in figure 2. However, conditional imprisonment is most often given in combination with other sanctions. Thus, conditional imprisonment as the only sanction is given in just 1 460 legally binding sentences. 

Figure 2. Sanctions by sentence and prosecution conditionally dropped, by type of sanction

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Fine, special sanction or other type of sanction 2265 2287 2125 2051 1755 1743 1612 1827 1905 1771 1622
Community sentence 2881 2603 2896 2521 2349 2427 2155 2032 1944 1873 1830
Unconditional imprisonment (excl. In combination with conditional imprisonment) 8325 7717 9110 8261 7947 9385 8435 8419 8557 8099 7960
Unconditional and conditional imprisonment 2028 1754 2224 2080 2046 2291 2120 2449 1999 1117 925
Conditional imprisonment and fine 5032 4753 5129 4361 4004 4217 3765 4025 3790 3393 3131
Conditional imprisonment only 1716 1783 1922 1800 1727 1857 1569 1710 1684 1439 1459
Prosecution conditionally dropped 1706 1959 2615 2716 2349 3208 3303 3477 3261 3675 3992

As illustrated in figure 2, the last two years have seen fewer conditional sanctions than in previous years, mostly due to fewer combination sanctions. Prosecution conditionally dropped and sanctions with conditional imprisonment only have seen a combined increase of 60 per cent since 2008 – due to more prosecutions being conditionally dropped. In 2018, the 4 000 prosecutions conditionally dropped, mainly for adolescent perpetrators, is 8.6 per cent more than the year before and more than double the number in 2008. Thus, the changes in the use of conditional sanctions should be seen in relation to changes in the types of sanctions given to adolescents.

Conditional sanctions

Conditional imprisonment, also called ‘postponed enforcement’ in the 2005 Penal Code (section 34), entails not having to serve the prison sentence if the convicted person complies with the conditions decided by the court.

Fines, both in-court and on the spot, can be made conditional in the same way as for prison sentences if the convicted person is under 18 years of age (c.f. the Criminal Proceedings Act, section 53). However, conditional fines are not specified in the statistics, but made up about 170 of all fines in 2018, settled either by a ticket fine or an in-court fine.

Prosecution may be conditionally dropped if the prosecution authority decides not to prosecute a person despite the culpability considered to be proven. Thus, prosecution may be dropped on certain conditions (c.f. the Criminal Procedure Act, section 69).

The postponement of sentencing (c.f. the Criminal Procedure Act, section 60) is also considered a sort of conditional sanction. As with conditionally dropping charges, sentencing will proceed if the conditions are violated. In 2018, a total of 11 cases of postponed sentencing were registered. In the statistics, these are categorised under ‘Other type of sanction’.

A general condition to all such conditional sanctions is to not commit a new offence within a period of up to 2 years. In addition, special conditions may include claims for damages/restitution, youth supervision by the Norwegian Mediation Service, sobriety commitment and various drug and alcohol treatments/programmes. In 2018, one out of five conditional sanctions were registered with a special condition.

Fewer unconditional prison sentences

In 2018, a total of 8 900 legally binding sentences of unconditional imprisonment were registered, which is a further decline of 3.6 per cent from the year before. The biggest decline is seen among sentences between 6 and 11 months, which has dropped 13 per cent from 2017. In 2018, the long-running trend of fewer short and more long unconditional sentences continues, with an 8.6 per cent increase in sentences of 5 years or more of unconditional imprisonment.

The special sanctions registered in 2018 included 21 preventive detentions and 40 compulsory mental health care sentences. Compared to the year before, this is on a par with preventive detention, while compulsory mental health care has shown a continued increase from the record high of 31 such sentences in 2017.

Continued decline for many types of offences

Over time, the changes in the number of sanctions and the types of sanctions given must be seen in relation to changes in offences reported to the police, and to which degree these offences are solved by police and the prosecution authority. During the last decade, a downward trend has been seen for many types of offences, including commonly registered offences such as traffic offences, narcotic offences and theft. As shown in figure 3, this trend continues in 2018. 

Figure 3. Sanctions except on the spot fine, by group of principal offence

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Property theft 7735 8441 9036 8568 8234 8749 7802 7731 6784 5960 5440
Other offences for profit 6462 5686 6141 6053 5954 5903 5407 5699 5056 4208 3797
Criminal damage 1100 930 1050 869 823 790 711 775 719 754 733
Violence and maltreatment 6278 5961 6591 5867 5760 5998 5790 5691 5881 5462 5479
Sexual offences 674 725 928 956 870 942 805 859 922 921 980
Drug and alcohol offences 18989 18049 20288 20368 19505 22438 21097 21682 19960 17644 16505
Public order and integrity violations 11133 10001 10682 11770 11679 11476 10762 11030 9672 9007 8504
Traffic offences 28206 26902 25990 23402 22741 22982 22103 23068 23348 22158 21635
Other offences 1429 1554 1572 1462 1217 1235 1350 1326 1384 1452 1228

As registered in 2017, the exceptions from the general decline mainly concern some of the most severe offences such as rape, aggravated types of violence and aggravated fraud. More convictions for possessing or distributing sexualised images of children account for a significant share of the overall 12 per cent increase in sanctions for sexual offences in 2018.