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Crime For Members

What happens when a foreigner gets arrested in Norway?

Robin-Ivan Capar
Robin-Ivan Capar - [email protected]
What happens when a foreigner gets arrested in Norway?
In case you get arrested in Norway, there are some important aspects you need to be aware of regarding the legal and penitentiary systems of the country. Photo by William Daigneault on Unsplash

There are several things you need to know if you get arrested in Norway, including how Norwegian law treats criminal offences, detention, and access to a lawyer – to name just a few.

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Most of the people who come to Norway to work, join a Norwegian partner or start a new life are law-abiding folk. Hardly anyone comes with the intention of breaking the law. But from time to time, due to an accident of fortune or poor decision-making, foreigners end up on the wrong end of the law.

There are several key things that you should know about the country's legal and prison system if you ever do get arrested in Norway, .

Whether it's a traffic charge, a case of mistaken identity or something more serious, Norwegian law follows a specific process when you get arrested. 

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Getting stopped by Norwegian police

Officers can stop you if they suspect you have committed a crime, if you're underage, or if you find yourself in the midst of an unruly situation (such as protests that turn violent).

You need to share your full name, date of birth, and address with the police - if they ask. You don't need to say anything else, and you're not obliged to carry identification on your person.

Police may ask for ID if you refuse to share your name and details, or if you are a foreign national. While you aren't required to answer their questions, it's a good idea to do so, as it can help prevent any potential misunderstandings.

If the police suspect you have committed a crime, are carrying a potentially dangerous object, or if you refuse to share your personal information, they're authorised to search your bag and pockets.

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Knowing your rights

The police officers have to share their service number with you, and the number must be worn visibly on their uniform or shared via a police badge if the police are in civilian clothes.

Furthermore, the police need to tell you what you are suspected of and why they're speaking to you.

The police can also order you to comply when such a course of action is necessary to ensure public order and security.

You are obliged to follow their orders even if you disagree. If you fail to do so, you can be fined.

Complaints about your treatment can be made to your local police unit via email.

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Getting arrested

If you're arrested, the police have two different options for keeping you at the police station.

First off, they can arrest and detain you for up to four hours under the Police Act - even if you're not suspected of a criminal offence.

Such arrests are usually made if the police believe that you have disturbed public peace and order if they suspect you have provided a false name or other personal information, if you refused to leave a place despite being asked to do so, or if the police find you in a place where a criminal act has recently been committed.

The second option entails the police detaining you for more than four hours if they suspect you have committed a criminal offence.

Generally speaking, the police can only do so if the offence you're suspected of is serious and can lead to more than six months in prison. In both cases, the police will disclose the reason for your arrest. If you are arrested according to the rules in the Criminal Procedure Act, you will automatically be charged.

A detention hearing must be held if the police want to detain you for more than 72 hours,

As a general rule, such a hearing must take place within 48 hours of the arrest. In any case, you must be moved from the detention centre to an ordinary prison after 48 hours.

The internal affairs unit of the police will investigate the case if you file a complaint about your treatment while in detentionb .

You can find out more about your rights and responsibilities if you're arrested on the web page of the Norwegian police, here

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What to do if you're arrested

Remaining calm and cooperating with the authorities is always the correct course of action. Norway is a democracy and has a well-functioning and established judicial system.

Therefore, you should expect to be treated fairly in accordance with national laws and regulations.

Interpreters can be provided to those who don't have a full grip on Norwegian. Communication is key in any legal process, and misunderstandings can lead to severe issues.

They can also translate documents you might need to fill out and help you communicate with your lawyer.

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Informing the embassy or consulate

One of the first things you should do if arrested is to ask the police to inform your embassy or consulate about your arrest.

Your embassy or consulate can help ensure that you are treated correctly and in accordance with Norwegian regulations – providing help and advice if you get into difficulty in a foreign country is one of their key responsibilities.

They can also provide information on general issues related to your welfare and relevant prison regulations, including information about the prison and remand system, visiting arrangements, mail and censorship, privileges, work possibilities, and social and welfare services.

In some cases, you may also be able to call the embassy or your family. You can also ask the embassy or consulate to inform your family of what happened.

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Legal assistance

Make sure to ask for a lawyer. If you cannot afford a lawyer, the police will provide you with a public defender in a criminal case.

Note that you have the right to have a lawyer present during police questioning. In Norway, legal representation in criminal cases by court-appointed lawyers is free as long as the case is being processed.

However, you will only be entitled to a free lawyer when it becomes clear that you will not be released after 24 hours.

As a general rule, do not sign any documents without consulting your lawyer – especially if they haven't been translated into a language you understand.

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Your rights and responsibilities in detention

Once you arrive at the police station, the police will take your valuables and any objects on your person that could be used to inflict harm to oneself or others, potential evidence, and things deemed illegal to possess.

Any objects in your legal possession will be returned to you after your release - unless it falls in the category of evidence. You have the right to contact a doctor for necessary health care during your stay in detention.

Furthermore, according to Norway's detention regulations, you must be allowed to stay in the open air daily - as far as restrictions allow.

If you are kept in custody overnight, you must be provided with necessary hygiene items and a daily shower.

Should the police suspect you have committed a crime that may result in more than a fine, they may take your fingerprints and photograph you. 

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