Goal | Openness in the justice sector. |
Responsible for the commitment | Ministry of Justice and Public Security. |
Stakeholders | Authorities. Civil society: Media organisations. |
Time period (to – from) | 2023 – 2025 |
What is the cause of the problem? | The press is of the opinion that the regulations governing access to documents in criminal cases are outdated. |
The press finds it difficult to gain access to the police’s criminal case documents and that this makes it difficult for the media to exercise its role as a “public watchdog” in an important area.
The follow-up work to improve access to criminal case documents is focused on making the rules more consistent with prevailing law established by both the Supreme Court and the European Court of Human Rights (ECtHR).
The regulations concerning public access to criminal case documents and the need for changes were examined by Professor Ragna Aarli in 2021 (only in Norwegian). The investigation was circulated out for consultation in March 2022 and is currently being followed up the Ministry of Justice and Public Security.
What has been done so far to solve the problem?
- A report on transparency in criminal cases has been circulated for consultation in March 2022.
Expected outcome
- The work on the commitment aims to initiate a process that will lead to updated regulations based on Aarli’s report, for example, by starting further investigative work.
- Relevant stakeholders, such as the media, representatives from the prosecution service, the legal profession, and the courts, should be involved in updating the legislation in an appropriate manner.
- Improving the regulations will stimulate better practices. If properly formulated, this can simplify the access process and provide clear guidance for those assessing access.
- Increased insight into events and institutions in society can facilitate participation in debates and engagement.