1. Life sentence in Finland and other Nordic Countries
Vital and fatal questions
Tallinn
Ulla Mohell
Counsellor of Legislation
Ministry of Justice
Finland

2. Life sentence in Finland and other Nordic Countries
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

3. Life sentence in Finland
New legislation on enforcement of imprisonment and remand imprisonment
Came into force
New provisions on conditional release
Life sentenced prisoners are also entitled to conditional release based on a court decision
Before , 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

4. 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

6. 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

7. 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

8. Life sentence in Finland
The number of life sentenced prisoners has increased during the last two decades
: 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

9. (including release plan)
Sentence plan
(including release plan)
RELEASE PLAN
Conditional release
Probationary freedom under supervision
Permission for prison leaves
Placement and replacement in prison
Work and other activities in prison

10. 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

11. 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

12. Life sentenced prisoners
May 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

13. Life sentence in Finland in practice
There are 148 life-time prisoners in Finland (4,2 %)
Since , 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

14. 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 ( ) the average time served by life sentenced prisoners was years

15. Life sentence in Sweden
New legislation came into force
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 there are 154 life-time prisoners in Sweden (2,9 %)
Up until , 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

16. 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
: 17 life-time prisoners (0,8 %)

17. Situation in Norway No 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

18. Recommendation Rec (2003)23
on 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

19. 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

20. 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”

21. Prison Rules (2006)
Rule 33:
All prisoners shall have the benefit of arrangements designed to assist them in returning to society

22. 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

23. Thank you for your attention!