Denmark - Revision history

Unknown user: /* Rights in Prison */

2021-03-26T15:39:27Z

Rights in Prison

← Older revision		Revision as of 17:39, 26 March 2021
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	Prison sentences are usually served in state prisons, which are either open or closed. More often than not, sentences are served in the former, with this decision lying with the Department of Prisons and Probation. Closed prisoners are reserved for longer sentences for severe crimes		Prison sentences are usually served in state prisons, which are either open or closed. More often than not, sentences are served in the former, with this decision lying with the Department of Prisons and Probation. Closed prisoners are reserved for longer sentences for severe crimes

	Immigrant detention:		'''Immigrant detention''':

	*Rules:		*Rules:
	Most important rules for detainment are available in English. Inmates can ask for		Most important rules for detainment are available in English. Inmates can ask for
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	(Kriminal Forsorgen 2009)		(Kriminal Forsorgen 2009)

	Activities:		'''Activities''':

	‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.		‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.
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	(Prison Studies 2012)		(Prison Studies 2012)

	Right to Medical Care:		'''Right to Medical Care:'''

	The Danish state in general is responsible for providing health care to its citizens. But this provision does not extend to the prison service; as a result, the prison service is responsible for providing such care to individuals in its custody (Jespersen & Shwalm 2016). For the duration of their sentences, inmates must have access to medical treatment at the same quality as provided to the general Danish population.		The Danish state in general is responsible for providing health care to its citizens. But this provision does not extend to the prison service; as a result, the prison service is responsible for providing such care to individuals in its custody (Jespersen & Shwalm 2016). For the duration of their sentences, inmates must have access to medical treatment at the same quality as provided to the general Danish population.
	Mental Health Care:		Mental Health Care:
	Mental health care, including the provision of professional psychiatric services, falls under the umbrella of health care provision (ibid).		Mental health care, including the provision of professional psychiatric services, falls under the umbrella of health care provision (ibid).

	External Contact:		'''External Contact:'''

	Inmates are entitled to supervised visits from those outside of the prison for at least one, possibly two hours per week – visitors must be approved in advance.		Inmates are entitled to supervised visits from those outside of the prison for at least one, possibly two hours per week – visitors must be approved in advance.
	Open state prisons have coin or card payphones, whereas in closed state prisons and local prisons inmates may only make monitored calls with special permission (ibid). Mobile phones are forbidden in all prisons.		Open state prisons have coin or card payphones, whereas in closed state prisons and local prisons inmates may only make monitored calls with special permission (ibid). Mobile phones are forbidden in all prisons.

Unknown user: /* Rights of the Accused at All Times */

2021-03-26T15:38:42Z

Rights of the Accused at All Times

← Older revision		Revision as of 17:38, 26 March 2021
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	'''Right to Trial with Jury'''		'''Right to Trial with Jury'''

	In most cases, a panel of one professional judge or 2 ‘lay’ judges will try defendants. However, for serious cases carrying a prison sentence of 4 years or more, defendants can be tried by a panel of 3 professional judges and a jury. If defendant has pled guilty, they will face one single judge (Fair Trials 2015)		In most cases, a panel of one professional judge or 2 ‘lay’ judges will try defendants. However, for serious cases carrying a prison sentence of 4 years or more, defendants can be tried by a panel of 3 professional judges and a jury. If defendant has pled guilty, they will face one single judge (Fair Trials 2015)

Unknown user: /* Rights of the Accused at All Times */

2021-03-26T15:38:18Z

Rights of the Accused at All Times

← Older revision		Revision as of 17:38, 26 March 2021
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	Double Jeopardy:		'''Double Jeopardy'''

	As a signatory of the European Convention of Human Rights (ECHR), the following applies to Denmark under Article 4 of Protocol No. 7:		As a signatory of the European Convention of Human Rights (ECHR), the following applies to Denmark under Article 4 of Protocol No. 7:
	*1. ‘No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State’.		*1. ‘No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State’.
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	committed by participants of the trial such as defence counsel.’ (The Danish Courts & Judge Peter Garde 2011)		committed by participants of the trial such as defence counsel.’ (The Danish Courts & Judge Peter Garde 2011)

	Presumption of Innocence:		'''Presumption of Innocence'''

	Equally, due to Denmark’s ECHR signatory status, Article 6, paragraph 2 promulgates that ‘everyone charged with a criminal offence shall be presumed innocent until proved guilty according to the law’.		Equally, due to Denmark’s ECHR signatory status, Article 6, paragraph 2 promulgates that ‘everyone charged with a criminal offence shall be presumed innocent until proved guilty according to the law’.
	Review by The Special Court of Indictment and Revision, a body that processes ‘complaints against judges and deputy judges, applications for resumption of criminal cases, appeals regarding refusal of resumption of a judgement given in default and complaints about the courts exclusion of an appointed defense lawyer in criminal cases’, may grant review (at the request of the Attorney General) in the following scenarios:		Review by The Special Court of Indictment and Revision, a body that processes ‘complaints against judges and deputy judges, applications for resumption of criminal cases, appeals regarding refusal of resumption of a judgement given in default and complaints about the courts exclusion of an appointed defense lawyer in criminal cases’, may grant review (at the request of the Attorney General) in the following scenarios:

	Capital Punishment:		'''Capital Punishment'''

	State execution was abolished in 1930.		State execution was abolished in 1930.

	Ex Post Facto Punishment:		'''Ex Post Facto Punishment'''

	Denmark, as a signatory of the Universal Declaration of Human Rights, must follow Article 11, paragraph 2 : no person can be held guilty of any criminal law that did not exist at the time of offence nor suffer any penalty heavier than what existed at the time of offence.		Denmark, as a signatory of the Universal Declaration of Human Rights, must follow Article 11, paragraph 2 : no person can be held guilty of any criminal law that did not exist at the time of offence nor suffer any penalty heavier than what existed at the time of offence.

	Fair Trial Rights:		'''Fair Trial Rights'''

	Under Article 6, paragraph 1 of the European Convention on Human Rights, ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.		Under Article 6, paragraph 1 of the European Convention on Human Rights, ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.
	Danish		Danish
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	*7.) ‘The persons referred to in sub-section (6) shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply’.		*7.) ‘The persons referred to in sub-section (6) shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply’.

	Habeas Corpus:		'''Habeas Corpus'''

	All defendants retain the right to habeas corpus.		All defendants retain the right to habeas corpus.

	Medical Care:		'''Medical Care'''

	All defendants retain the right to medical care.		All defendants retain the right to medical care.

	Right to Notice of Charges:		'''Right to Notice of Charges'''

	As established above, defendants must be informed of the charges made against them.		As established above, defendants must be informed of the charges made against them.

	Right to Non Self-Incrimination:		'''Right to Non Self-Incrimination '''

	Pursuant to Article 6(1) of the European Convention of Human Rights, and Article 14(3)g of the United Nations Convention on Civil and Political Rights, defendants have the right not to self- incriminate themselves.		Pursuant to Article 6(1) of the European Convention of Human Rights, and Article 14(3)g of the United Nations Convention on Civil and Political Rights, defendants have the right not to self- incriminate themselves.

	Right to Trial with Jury:		'''Right to Trial with Jury'''
	In most cases, a panel of one professional judge or 2 ‘lay’ judges will try defendants. However, for serious cases carrying a prison sentence of 4 years or more, defendants can be tried by a panel of 3 professional judges and a jury. If defendant has pled guilty, they will face one single judge (Fair Trials 2015)		In most cases, a panel of one professional judge or 2 ‘lay’ judges will try defendants. However, for serious cases carrying a prison sentence of 4 years or more, defendants can be tried by a panel of 3 professional judges and a jury. If defendant has pled guilty, they will face one single judge (Fair Trials 2015)

Unknown user: /* References */

2021-03-25T14:49:26Z

References

← Older revision		Revision as of 16:49, 25 March 2021
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	*Judge Peter Garde: http://hrlibrary.umn.edu/fairtrial/wrft-pg.htm		*Judge Peter Garde: http://hrlibrary.umn.edu/fairtrial/wrft-pg.htm
	*The Danish Courts (2011) : http://www .domstol.dk/om/otherlanguages/english/thedanishjudicialsystem/SpecialCourtofIn dictmentandRevision/Pages/default.aspx		*The Danish Courts (2011) : http://www .domstol.dk/om/otherlanguages/english/thedanishjudicialsystem/SpecialCourtofIn dictmentandRevision/Pages/default.aspx
	*Fair Trials (2015) : https://www.fairtrials.org/wp-content/uploads/DENMARK.pdf Kriminal Forsorgen (2009) : https://www.europris.org/wp-content/uploads/Denmark-EN-		*Fair Trials (2015) : https://www.fairtrials.org/wp-content/uploads/DENMARK.pdf Kriminal Forsorgen (2009) : https://www.europris.org/wp-content/uploads/Denmark-EN-prisoner-information-sheet.pdf
	prisoner-information-sheet.pdf
	*European e-Justice Portal (2012) : https://e-justice.europa.eu/content_rights_of_defendants_in_criminal_proceedings_-169-DK- maximize-en.do?clang=en&idSubpage=2		*European e-Justice Portal (2012) : https://e-justice.europa.eu/content_rights_of_defendants_in_criminal_proceedings_-169-DK- maximize-en.do?clang=en&idSubpage=2
	*Prison Studies (2012): http://www .prisonstudies.org/sites/default/files/resources/downloads/inbrief_updateddec.201 2.pdf		*Prison Studies (2012): http://www .prisonstudies.org/sites/default/files/resources/downloads/inbrief_updateddec.201 2.pdf

Unknown user: /* References */

2021-03-25T14:49:04Z

References

← Older revision		Revision as of 16:49, 25 March 2021
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	<references/>		<references/>
	WHO (2019): https://www.who.int/countries/dnk/en/		*WHO (2019): https://www.who.int/countries/dnk/en/
	BBC (2018): https://www.bbc.com/news/world-europe-17929661		*BBC (2018): https://www.bbc.com/news/world-europe-17929661
	The Danish Courts (2018):		*The Danish Courts (2018): www .domstol.dk/om/publikationer/HtmlPublikationer/Profil/Profilbrochure%20- %20UK/kap03.html
	www .domstol.dk/om/publikationer/HtmlPublikationer/Profil/Profilbrochure%20- %20UK/kap03.html		*European Law Institute (2018): https://www.europeanlawinstitute.eu/membership/institutional-observers/danish-bar-and-law- society/
	European Law Institute (2018):		*NYU Law Department: http://www.nyulawglobal.org/globalex/Denmark.html.
	https://www.europeanlawinstitute.eu/membership/institutional-observers/danish-bar-and-law- society/		*Independent Police Complaints Authorities’ Network (2012) : https://ipcan.org/members/the-danish-independent-police-complaints-authority
	NYU Law Department: http://www.nyulawglobal.org/globalex/Denmark.html.		*Judge Peter Garde: http://hrlibrary.umn.edu/fairtrial/wrft-pg.htm
	Independent Police Complaints Authorities’ Network (2012) : https://ipcan.org/members/the-danish-independent-police-complaints-authority		*The Danish Courts (2011) : http://www .domstol.dk/om/otherlanguages/english/thedanishjudicialsystem/SpecialCourtofIn dictmentandRevision/Pages/default.aspx
	Judge Peter Garde: http://hrlibrary.umn.edu/fairtrial/wrft-pg.htm		*Fair Trials (2015) : https://www.fairtrials.org/wp-content/uploads/DENMARK.pdf Kriminal Forsorgen (2009) : https://www.europris.org/wp-content/uploads/Denmark-EN-
	The Danish Courts (2011) :
	http://www .domstol.dk/om/otherlanguages/english/thedanishjudicialsystem/SpecialCourtofIn dictmentandRevision/Pages/default.aspx
	Fair Trials (2015) : https://www.fairtrials.org/wp-content/uploads/DENMARK.pdf Kriminal Forsorgen (2009) : https://www.europris.org/wp-content/uploads/Denmark-EN-
	prisoner-information-sheet.pdf		prisoner-information-sheet.pdf
	European e-Justice Portal (2012) : https://e-justice.europa.eu/content_rights_of_defendants_in_criminal_proceedings_-169-DK- maximize-en.do?clang=en&idSubpage=2		*European e-Justice Portal (2012) : https://e-justice.europa.eu/content_rights_of_defendants_in_criminal_proceedings_-169-DK- maximize-en.do?clang=en&idSubpage=2
	Prison Studies (2012): http://www .prisonstudies.org/sites/default/files/resources/downloads/inbrief_updateddec.201 2.pdf		*Prison Studies (2012): http://www .prisonstudies.org/sites/default/files/resources/downloads/inbrief_updateddec.201 2.pdf
	Jespersen & Shwalm (2016) : (https://implementconsultinggroup.com/the-danish-prison- service/		*Jespersen & Shwalm (2016) : (https://implementconsultinggroup.com/the-danish-prison- service/
	World Prison Brief (2018): http://www.prisonstudies.org/country/denmark		*World Prison Brief (2018): http://www.prisonstudies.org/country/denmark

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

Unknown user: /* Rights in Prison */

2021-03-24T14:01:05Z

Rights in Prison

← Older revision		Revision as of 16:01, 24 March 2021
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	Activities:		Activities:

	‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.		‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.
	*Leisure time		*Leisure time:
	‘Inmates may pursue sports activities, watch television, play games, read, etc., in		‘Inmates may pursue sports activities, watch television, play games, read, etc., in
	their leisure time’.		their leisure time’.
	*Self-catering		*Self-catering:
	‘Inmates of state prisons have to do their own shopping at the prison grocery		‘Inmates of state prisons have to do their own shopping at the prison grocery
	store, cook food, and do their own dishes, cleaning, and laundry. Inmates of local prisons receive deep-frozen meals for self-heating’.		store, cook food, and do their own dishes, cleaning, and laundry. Inmates of local prisons receive deep-frozen meals for self-heating’.
	*Leave		*Leave:
	‘Inmates may be granted leave from the prison for various purposes’.		‘Inmates may be granted leave from the prison for various purposes’.
	‘Every third weekend for visits to family or friends, provided that certain time		‘Every third weekend for visits to family or friends, provided that certain time

Unknown user: /* Rights in Prison */

2021-03-24T14:00:27Z

Rights in Prison

← Older revision		Revision as of 16:00, 24 March 2021
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	Immigrant detention:		Immigrant detention:
	• Rules		*Rules:
	Most important rules for detainment are available in English. Inmates can ask for		Most important rules for detainment are available in English. Inmates can ask for
	this from prison staff. • Language problems		this from prison staff. • Language problems
	- Usually it is possible to communicate in English or German to prison staff. If an inmate speaks neither of these two languages, staff can call upon an external interpreter.		- Usually it is possible to communicate in English or German to prison staff. If an inmate speaks neither of these two languages, staff can call upon an external interpreter.
	• Spokesman		*Spokesman:
	Some prisons have a special spokesman for foreign inmates.		Some prisons have a special spokesman for foreign inmates.
	• Embassy support		*Embassy support:
	- Inmates are able to contact their respective embassy or consulate.		- Inmates are able to contact their respective embassy or consulate.
	• Election/political participation		*Election/political participation:
	- In some circumstances inmates are entitled to vote in local and general elections.		- In some circumstances inmates are entitled to vote in local and general elections.
	• Transfer to country of origin		*Transfer to country of origin:
	- In certain cases inmates may be able to serve their sentence in their own country.		- In certain cases inmates may be able to serve their sentence in their own country.
	• Expulsion		*Expulsion:
	- If the court has decided that an inmate is to be expelled when released, this		- If the court has decided that an inmate is to be expelled when released, this
	sentence normally will be served in a closed prison		sentence normally will be served in a closed prison
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	Activities:		Activities:
	‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.		‘Sentenced inmates of institutions under the Prison and Probation Service have a duty of occupation; remand prisoners have a right, but no duty, to work. Inmates must be occupied for 37 hours a week and receive wages. If they are ill, they receive sick pay. Inmates may be occupied under treatment programmes or with production activities (workshops, agriculture, production schools, etc.) or education’.
	• Leisure time		*Leisure time
	- ‘Inmates may pursue sports activities, watch television, play games, read, etc., in		‘Inmates may pursue sports activities, watch television, play games, read, etc., in
	their leisure time’.		their leisure time’.
	• Self-catering		*Self-catering
	- ‘Inmates of state prisons have to do their own shopping at the prison grocery		‘Inmates of state prisons have to do their own shopping at the prison grocery
	store, cook food, and do their own dishes, cleaning, and laundry. Inmates of local prisons receive deep-frozen meals for self-heating’.		store, cook food, and do their own dishes, cleaning, and laundry. Inmates of local prisons receive deep-frozen meals for self-heating’.
	• Leave		*Leave
	- ‘Inmates may be granted leave from the prison for various purposes’.		‘Inmates may be granted leave from the prison for various purposes’.
	- ‘Every third weekend for visits to family or friends, provided that certain time		‘Every third weekend for visits to family or friends, provided that certain time
	conditions have been met’.		conditions have been met’.
	- For special purposes (seriously ill close relatives, funerals, court hearings, medical		For special purposes (seriously ill close relatives, funerals, court hearings, medical
	examinations, etc.)		examinations, etc.)
	- Day release (leave every day) for education or employment purposes. It is a		Day release (leave every day) for education or employment purposes. It is a
	condition for leave that the risk of abuse of the leave is deemed non-existent. Moreover, leave may be subject to various additional conditions’.		condition for leave that the risk of abuse of the leave is deemed non-existent. Moreover, leave may be subject to various additional conditions’.
	Ø ‘About 56,000 leaves are granted every year. Abuse in the form of re- offending occurs in 0.1 per cent of the cases. Altogether, abuse in the form of failure to return, late return or return while under the influence of alcohol or drugs occurs in about 2.8 per cent of the cases’.		Ø ‘About 56,000 leaves are granted every year. Abuse in the form of re- offending occurs in 0.1 per cent of the cases. Altogether, abuse in the form of failure to return, late return or return while under the influence of alcohol or drugs occurs in about 2.8 per cent of the cases’.
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	Danish inmates are entitled to vote in elections via post, in addition to being able to participate in other forms of legal activities, e.g. referenda (ibid).		Danish inmates are entitled to vote in elections via post, in addition to being able to participate in other forms of legal activities, e.g. referenda (ibid).
	(Kriminal Forsorgen 2009)		(Kriminal Forsorgen 2009)

	==References==		==References==

Unknown user: /* Rights of the Accused at All Times */

2021-03-24T13:58:01Z

Rights of the Accused at All Times

Unknown user: /* Pre-trial Procedures */

2021-03-24T13:56:56Z

Pre-trial Procedures

Unknown user: /* Pre-trial Procedures */

2021-03-24T13:56:19Z

Pre-trial Procedures

← Older revision		Revision as of 15:58, 24 March 2021
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	Double Jeopardy:		Double Jeopardy:
	As a signatory of the European Convention of Human Rights (ECHR), the following applies to Denmark under Article 4 of Protocol No. 7:		As a signatory of the European Convention of Human Rights (ECHR), the following applies to Denmark under Article 4 of Protocol No. 7:
	1. ‘No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State’.		*1. ‘No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State’.
	2. ‘The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case’.		*2. ‘The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case’.
	3. ‘No derogation from this Article shall be made under Article 15 of the Convention.’		*3. ‘No derogation from this Article shall be made under Article 15 of the Convention.’
	• ‘after acquittal or conviction for a lesser crime than charged		• ‘after acquittal or conviction for a lesser crime than charged
	• when the accused later confesses		• when the accused later confesses
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	Under Article 6, paragraph 1 of the European Convention on Human Rights, ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.		Under Article 6, paragraph 1 of the European Convention on Human Rights, ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.
	Danish		Danish
	1.) ‘Personal liberty shall be inviolable. No Danish subject shall, in any manner		*1.) ‘Personal liberty shall be inviolable. No Danish subject shall, in any manner
	constitution: Part VIII: Right of Personal Liberty, section 71:		constitution: Part VIII: Right of Personal Liberty, section 71:
	whatsoever, be deprived of his liberty because of his political or religious		whatsoever, be deprived of his liberty because of his political or religious
	convictions or because of his descent’.		convictions or because of his descent’.
	2.) ‘A person shall be deprived of his liberty only where this is warranted by law’.		*2.) ‘A person shall be deprived of his liberty only where this is warranted by law’.
	3.) ‘Any person who is taken into custody shall be brought before a judge within		*3.) ‘Any person who is taken into custody shall be brought before a judge within
	twenty-four hours. Where the person taken into custody cannot be immediately released, the judge shall decide, in an order to be given as soon as possible and at the latest within three days, stating the grounds, whether the person taken into custody shall be committed to prison; and in cases where he can be released on bail, shall also determine the nature and amount of such bail. This provision may be departed from by statute as far as Greenland is concerned, if for local considerations such departure may be deemed necessary’.		twenty-four hours. Where the person taken into custody cannot be immediately released, the judge shall decide, in an order to be given as soon as possible and at the latest within three days, stating the grounds, whether the person taken into custody shall be committed to prison; and in cases where he can be released on bail, shall also determine the nature and amount of such bail. This provision may be departed from by statute as far as Greenland is concerned, if for local considerations such departure may be deemed necessary’.
	4.) ‘The pronouncement of the judge may be separately appealed against at once to a higher court of justice by the person concerned’.		*4.) ‘The pronouncement of the judge may be separately appealed against at once to a higher court of justice by the person concerned’.
	5.) ‘No person shall be remanded in custody for an offence which can involveonly punishment by fine or mitigated imprisonment (hæfte)’.		*5.) ‘No person shall be remanded in custody for an offence which can involveonly punishment by fine or mitigated imprisonment (hæfte)’.
	6.) ‘Outside criminal procedure, the legality of deprivation of liberty not		*6.) ‘Outside criminal procedure, the legality of deprivation of liberty not
	executed by order of a judicial authority, and not warranted by legislation relating to aliens, shall at the request of the person so deprived of his liberty, or the request of any person acting on his behalf, be brought before the ordinary courts of justice or other judicial authority for decision. Rules governing this procedure shall be provided by statute’.		executed by order of a judicial authority, and not warranted by legislation relating to aliens, shall at the request of the person so deprived of his liberty, or the request of any person acting on his behalf, be brought before the ordinary courts of justice or other judicial authority for decision. Rules governing this procedure shall be provided by statute’.
	7.) ‘The persons referred to in sub-section (6) shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply’.		*7.) ‘The persons referred to in sub-section (6) shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply’.

	Habeas Corpus:		Habeas Corpus:
	All defendants retain the right to habeas corpus.		All defendants retain the right to habeas corpus.

	Medical Care:		Medical Care:
	All defendants retain the right to medical care.		All defendants retain the right to medical care.

← Older revision		Revision as of 15:56, 24 March 2021
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	In making complaints against police officers, all mattes relating to these are dealt with by The Danish Independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed). The goals of this body are the following:		In making complaints against police officers, all mattes relating to these are dealt with by The Danish Independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed). The goals of this body are the following:
	*Help ensure legal security for all those involved in the complaints process.		*Help ensure legal security for all those involved in the complaints process.
	*Maintain confidence of the public and the police in investigating matters dealing with the		*Maintain confidence of the public and the police in investigating matters dealing with the police.
	police.
	*Objectivity in ensuring proper implementation and rapid procedures.		*Objectivity in ensuring proper implementation and rapid procedures.
	*Provision of high quality service and efficiency.		*Provision of high quality service and efficiency.
	*Ensuring accessibility to citizens.		*Ensuring accessibility to citizens.
	*Establishing and building strong international cooperation with similar bodies in other		*Establishing and building strong international cooperation with similar bodies in other European nations.
	European nations.

	A complaint can only be made to the Police Complaints Authority if the police have acted in a ‘criticisable’ manner.		A complaint can only be made to the Police Complaints Authority if the police have acted in a ‘criticisable’ manner.
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	The procedures of lodging a complaint and subsequent investigation depend on whether the complaint concerns a criminal offence or police misconduct.		The procedures of lodging a complaint and subsequent investigation depend on whether the complaint concerns a criminal offence or police misconduct.
	*Complaints of Misconduct – Part 93b of the Administration of Justice Act:		*Complaints of Misconduct – Part 93b of the Administration of Justice Act:
	‘Pursuant to section 1019n of the Danish Administration of Justice Act, the Police Complaints Authority must decide a complaint within a reasonable time of receipt. If the Police Complaints Authority does not manage to decide the complaint within		‘Pursuant to section 1019n of the Danish Administration of Justice Act, the Police Complaints Authority must decide a complaint within a reasonable time of receipt. If the Police Complaints Authority does not manage to decide the complaint within six months of receipt, the complainant and the police officer complained of will be notified of the reason for the delay and the expected date of the decision’.

	six months of receipt, the complainant and the police officer complained of will be notified of the reason for the delay and the expected date of the decision’.
	*Complaints of a Criminal Offence – Part 93c of the Administration of Justice Act:		*Complaints of a Criminal Offence – Part 93c of the Administration of Justice Act:
	If the Police Complaints Authority has received a complaint of an offence committed by a police officer and has not, within one year of receipt, made any decision to dismiss the complaint, discontinue the investigation, withdraw charges, dismiss charges or institute criminal proceedings, or requested a court hearing for the purpose of summary proceedings pursuant to section 831 of the Administration of Justice Act, the complainant and any other parties involved must be notified of it in writing’.		If the Police Complaints Authority has received a complaint of an offence committed by a police officer and has not, within one year of receipt, made any decision to dismiss the complaint, discontinue the investigation, withdraw charges, dismiss charges or institute criminal proceedings, or requested a court hearing for the purpose of summary proceedings pursuant to section 831 of the Administration of Justice Act, the complainant and any other parties involved must be notified of it in writing’.

← Older revision		Revision as of 15:56, 24 March 2021
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	Complaints Against Police:		Complaints Against Police:
	In making complaints against police officers, all mattes relating to these are dealt with by The Danish Independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed). The goals of this body are the following:		In making complaints against police officers, all mattes relating to these are dealt with by The Danish Independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed). The goals of this body are the following:
	• Help ensure legal security for all those involved in the complaints process.		*Help ensure legal security for all those involved in the complaints process.
	• Maintain confidence of the public and the police in investigating matters dealing with the		*Maintain confidence of the public and the police in investigating matters dealing with the
	police.		police.
	• Objectivity in ensuring proper implementation and rapid procedures.		*Objectivity in ensuring proper implementation and rapid procedures.
	• Provision of high quality service and efficiency.		*Provision of high quality service and efficiency.
	• Ensuring accessibility to citizens.		*Ensuring accessibility to citizens.
	• Establishing and building strong international cooperation with similar bodies in other		*Establishing and building strong international cooperation with similar bodies in other
	European nations.		European nations.

	A complaint can only be made to the Police Complaints Authority if the police have acted in a ‘criticisable’ manner.		A complaint can only be made to the Police Complaints Authority if the police have acted in a ‘criticisable’ manner.
	Criticisable manner:		Criticisable manner:
	• Suspicion that police have spoken rudely or acted inappropriately.		*Suspicion that police have spoken rudely or acted inappropriately.
	• Suspicion that police overstepped acceptable levels of force when arresting a suspect.		*Suspicion that police overstepped acceptable levels of force when arresting a suspect.
	• Suspicion that police have abuse their powers.		*Suspicion that police have abuse their powers.

	The procedures of lodging a complaint and subsequent investigation depend on whether the complaint concerns a criminal offence or police misconduct.		The procedures of lodging a complaint and subsequent investigation depend on whether the complaint concerns a criminal offence or police misconduct.
	• Complaints of Misconduct – Part 93b of the Administration of Justice Act:		*Complaints of Misconduct – Part 93b of the Administration of Justice Act:
	‘Pursuant to section 1019n of the Danish Administration of Justice Act, the Police Complaints Authority must decide a complaint within a reasonable time of receipt. If the Police Complaints Authority does not manage to decide the complaint within		‘Pursuant to section 1019n of the Danish Administration of Justice Act, the Police Complaints Authority must decide a complaint within a reasonable time of receipt. If the Police Complaints Authority does not manage to decide the complaint within

	six months of receipt, the complainant and the police officer complained of will be notified of the reason for the delay and the expected date of the decision’.		six months of receipt, the complainant and the police officer complained of will be notified of the reason for the delay and the expected date of the decision’.
	• Complaints of a Criminal Offence – Part 93c of the Administration of Justice Act:		*Complaints of a Criminal Offence – Part 93c of the Administration of Justice Act:
	If the Police Complaints Authority has received a complaint of an offence committed by a police officer and has not, within one year of receipt, made any decision to dismiss the complaint, discontinue the investigation, withdraw charges, dismiss charges or institute criminal proceedings, or requested a court hearing for the purpose of summary proceedings pursuant to section 831 of the Administration of Justice Act, the complainant and any other parties involved must be notified of it in writing’.		If the Police Complaints Authority has received a complaint of an offence committed by a police officer and has not, within one year of receipt, made any decision to dismiss the complaint, discontinue the investigation, withdraw charges, dismiss charges or institute criminal proceedings, or requested a court hearing for the purpose of summary proceedings pursuant to section 831 of the Administration of Justice Act, the complainant and any other parties involved must be notified of it in writing’.

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	If an individual has been arrested they have the right to contact a lawyer of their own choice before agreeing to a police interview. Additionally, suspects have the right to contact their family or employer to inform them of the arrest. Sometimes the police can request that suspects be kept in solitary confinement, in these scenarios outside contact may only be made by correspondence or phone call under police supervision – decision for solitary confinement must be approved by a judge.		If an individual has been arrested they have the right to contact a lawyer of their own choice before agreeing to a police interview. Additionally, suspects have the right to contact their family or employer to inform them of the arrest. Sometimes the police can request that suspects be kept in solitary confinement, in these scenarios outside contact may only be made by correspondence or phone call under police supervision – decision for solitary confinement must be approved by a judge.
	Judges ultimately decide if suspects can be remanded in custody. The following conditions are applicable:		Judges ultimately decide if suspects can be remanded in custody. The following conditions are applicable:
	• ‘The police must be able to explain why they suspect that you have committed an offence for which you may be sentenced to imprisonment for 18 months or more’.		*‘The police must be able to explain why they suspect that you have committed an offence for which you may be sentenced to imprisonment for 18 months or more’.
	• ‘The potential sentence must be more than 30 days of imprisonment’.		*‘The potential sentence must be more than 30 days of imprisonment’.
	• ‘The police must be able to satisfy the judge that it is important that you are not released		*‘The police must be able to satisfy the judge that it is important that you are not released
	as long as the police investigation is ongoing, for one of the following reasons’:		as long as the police investigation is ongoing, for one of the following reasons’:
	‘The police believe you will evade punishment’.		‘The police believe you will evade punishment’.