Supervision Boards

Supervision Boards in Europe

Supervision Boards in Sweden

Supervision Boards in the Swedish Penal Code

The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on supervision boards and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

UnderPart Three, on Sanctions, the Chapter 37, on Supervision Boards reads as follows: The Government determines the division of the country into supervision board areas. A supervision board consists of chairman, vice-chairman and three other members, unless the Government decrees that a given board shall have more members. The chairman and two members constitute a quorum. In urgent cases and also in matters of less importance the chairman alone may decide on behalf of the board. Such decisions shall be reported at the next meeting of the board. The Government may order that a supervision board shall work in sections. For such sections the applicable parts of the Law governing the board shall apply. (Law 1983:240)

Supervision Boards in Sweden under Section 10

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 10 reads as follows: A decision taken by a local prison and probation administration and a supervision board under Sections 7 and 8 is immediately applicable unless otherwise provided. (Law 1998:604)

Supervision Boards in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 5 reads as follows: A member or deputy of a supervision board and the National Parole Board shall have taken a judge's oath. The same grounds for disqualification that apply to a judge shall apply to a member or deputy, but the provisions of Chapter 4, Section 13, point 7 of the Code of Judicial Procedure shall not be applicable to a member or deputy of a supervision board. With respect to decisions by a board referred to in the first paragraph, applicable parts of the provisions governing voting in criminal cases in a superior court shall be observed. (Law 1981:211)

Supervision Boards in Sweden under

Section 7

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 7 reads as follows: A person sentenced to imprisonment may request review of a decision of a local prison and probation administration taken in accordance with Chapter 26, Section 11, Section 12, second sentence, or Section 13, second sentence by the supervision board in whose area a local prison and probation administration is active. The board may also, on its own initiative, take up such a decision for review and in other respects decide on a matter the resolution of which is incumbent upon the probation authority in accordance with any of the provisions aforesaid. The local prison and probation administration may refer such a matter to the board for decision. Any person sentenced to imprisonment and dissatisfied with a decision of a supervision board made in accordance with the provisions of Chapter 26, Section 11, 15, 18, 19 or 22, shall be entitled to require a review of the decision by the National Parole Board. (Law 1998:604)

Supervision Boards in Sweden under

Section 11

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 11 reads as follows: An appeal may only be lodged against a decision made in accordance with this Code by a supervision board concerning matters other than those covered by Sections 7 and 8, to a court of appeal in accordance with Section 8 or to the National Parole Board. (Law 1981:211)

Supervision Boards in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 3 reads as follows: Any person entitled to vote in municipal elections, who is officially registered in a parish within the jurisdiction of the board and has not attained the age of seventy, and who will not attain that age during the term of office envisaged, is eligible for election as a member or deputy member of a supervision board. No person with a guardian under the terms of Chapter 11, Section 7, of the Code on Parents and Children may be elected as a member or deputy member of a supervision board. Nor shall legally qualified judges, public prosecutors, police officers, officials of the prisons and probation service, attorneys, or persons whose profession is to plead the cause of others before a court of Law be elected as a member or deputy member of such board. The supervision board shall determine the eligibility of an elected member or deputy member on its own motion. If a member ceases to be eligible for office, his duties in that capacity shall be regarded as terminated. (Law 1991:510)

Supervision Boards in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 6 reads as follows: If a sentenced person requests an oral hearing on a matter dealt with by a supervision board, he shall be granted the opportunity. In a matter before the National Parole Board an opportunity to be heard in person shall be granted to a sentenced person if this can be assumed to be useful and can be conveniently arranged. (Law 1981:211)

Supervision Boards in Sweden under

Section 9

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 9 reads as follows: In a matter concerning the revocation of conditionally granted release from prison in accordance with the provisions of Chapter 26, a public defence counsel shall be appointed to assist the person affected by the measure unless it must be assumed that there exists no need for such assistance. (Law 1996:1623)

Supervision Boards in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 2 reads as follows: The Government or an administration designated by the Government appoints the chairman and vice-chairman of the supervision boards. In the absence of the chairman, the vicechairman acts as chairman. When both the chairman and vicechairman are absent, a temporary deputy is appointed by the National Prison and Probation Administration. The chairman, vicechairman and deputy shall be legally qualified and have experience of service as judges. The other members are appointed by election. An equivalent number of deputies for them are elected. Elections are conducted by the municipal council if the supervision board's area comprises a single municipality and, otherwise, by the county council. If, in the supervision board's area, there is also a municipality not included in a county council region, the election is administered by the county council and the local council in the proportions between them that are decided by the county administrative board on the basis of the population figures. If a supervision board's area includes several counties or parts of counties, the Government, using the same principles, decides the number of members and deputies for each county or part of a county. Proportional representation of members or deputies in county council or municipal elections shall be adopted, if requested by at least as many members of the county council or local council as correspond to the quotient obtained if the number of members present is divided by the number of persons to be elected, increased by 1. If the quotient is a fraction, it shall be rounded off to the next higher integer. Provisions governing the procedure for such proportional representation exist in the law (1992:339) on proportional election procedures. If the deputies are not elected proportionally, the order in which they shall be summoned to serve shall also be decided in the election. Members and non-temporary deputies are appointed for terms of four years. If a member who has been appointed in a proportional election resigns before the expiry of his term, a deputy is appointed in accordance with the order between deputies decided in the election. If a member or deputy who has not been appointed in a proportional-representation election resigns, a new member or deputy is appointed for the remainder of the term. Temporary deputies shall be appointed for at most six months. When a member or deputy is to be appointed, the supervision board shall notify the fact to the body which is to appoint him. (Law 1998:598)

Supervision Boards in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 4 reads as follows: The National Parole Board shall consist of one member, who occupies or has occupied a judicial office and who shall be chairman of the Board, together with four other members. Deputies are appointed in a number determined by the Government. The Government appoints the chairman, other members and deputies. In the absence of the chairman, his function shall be exercised by a member or deputy designated by the Government and qualified for appointment as chairman. In urgent cases and in matters of minor importance the chairman alone may take decisions on behalf of the Board. Such decisions shall be notified at the next meeting of the Board. The chairman, other members and deputies are appointed for terms of five years. If a member or deputy leaves before the expiry of his term, a new member or deputy is appointed to serve for the balance of the term. (Law 1983:240)

Supervision Boards in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 37, on Supervision Boards, the Section 8 reads as follows: The provisions of Section 7, first paragraph, are correspondingly applicable to a person sentenced to probation. A person sentenced to probation may appeal to a court of appeal against a supervision board's decision in matters described in Chapter 26, Section 15, or Chapter 28, Section 7 or 11. The document shall be handed in to the supervision board. The time allowed for making the appeal is to be reckoned from the date when he received notice of the decision. The courts of appeal shall apply the provisions of the Code of Judicial Procedure concerning appeals from the decisions of district courts. (Law 1994:1037)

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