1. Interne inspektioner af sagsbehandlingen i arresthusene Life sentence in Denmark by Tina Engelbrecht Ising Head of Division The Department of Prison and Probation

2. Other sentences of unconditional imprisonment  Maximum imprisonment (apart for life sentence is 16 years)  In Denmark there is also “forvaring” – a sentence that has no time limit, and which is used on persens that several time has comitted serious and dangerous crimes.

3. Life Sentence in Denmark Life imprisonment primarily for  Homicide  Arson  Terrorism  Certain offences against the Constitution and the Supreme Authorities of the State

4. Regime  Prisoners with life sentences serve their time together with other prisoners.  In the beginning they are placed in high security prisons.  Daily life in the prison is the same as daily life for the rest of the prison population.

5. Probation  According to the Penal Code section 41 parole is to be considered after 12 years of imprisonment.  It is the Minister of Justice that decides whether or not to grant parole, (eg. The Department of Prison and Probation) Other long terme sentences is normally released after having served 2/3 of the time.

6.  After 14 years of imprisonment the convict has the right to have the parole- case tried in court, if he is not already released.  In average Danish convicts with a life sentence is released after 16-17 years.

7. Parole can of course only be granted if There is no risk of fall back to crime, and if the convict - has a place to live and - has a steady income. - is willing to accept relevant conditions for the probation

8. The way to release and probation Must consider leave after 5 years and 4 months Close contact with the police before leave is granted – once a year a meeting is held with participants from The Department, the Prison and the police The prisoner will usually be psychologically tested Leave is only granted after having consulted psychiatrists and the Ministry of Justice’s Medical Council

9.  In the beginning only leave twice a year  After a suitable period leave is every second month for a couple of years  Later leave is normally granted every month  The convict is accompanied by an officer for several years

10.  After app. 10-11 years the prisoner will be psychologically tested again, and the Ministry of Justice’s Medical Council will be consulted again in order to decide if the prisoner can handle a leave without being accompanied by a prison officer

11. Transfer to an open prison  If the un-accompanied leave is a success, the prisoner can be transferred to a minimum security prison.  After a couple of years, the prisoner can be transferred to an half-way-house in order to prepare the prisoner for life outside the prison.  Prior to release the prisoner usually will be psychologically tested again, and the Ministry of Justice’s Medical Council will be consulted again.  The police will also have a say before probation

12.  There have been several cases where prisoners serving life sentence has gone to court, when the Department has denied parole.  So far no court has ruled against the Department in these cases.  The question of leave cannot be tried in court, but the Ombudsmand often investigate the decisions of the department.  So far he has not criticised the decisions of the Department in cases concerning leave to persons serving life sentence.