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Implications of law on the work of Barnehus in Norway

Implications of law on the work of Barnehus in Norway. ‘ Tone Davik Police Superintendent / Senior Specialist , forensic interviews with children KRIPOS / NCIS, NORWAY. Agenda. A brief presentation of the speaker The interviewers in Norway Barnehusene (the Barnahus) in Norway

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Implications of law on the work of Barnehus in Norway

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  1. Implications of law on the work of Barnehus in Norway ‘ Tone Davik Police Superintendent / Senior Specialist, forensicinterviewswith children KRIPOS / NCIS, NORWAY

  2. Agenda A brief presentation of the speaker The interviewers in Norway Barnehusene (the Barnahus) in Norway Norwegian legislation – before and after October 2.nd 2015 Implications of the new legislation Cooperation between the police interviewers and the Barnahus staff

  3. Me… Police since 1990 Children`s interviewer since 1996 KRIPOS/NCIS since 1998 In charge of the specialist training of children`s interviewers at the Police University College for 5 years Involved in a new specialist training for experienced children`s interviewers – «Forensic interviews of vulnerable» (preschoolers and mentally disabled persons) Specialist program at KRIPOS/NCIS – Forensic interviews of preschoolers (2009-2011). Master in violence and trauma – Sept. 2015 - May 2018

  4. The interviewers: A specially trained police investigator: Police University College (PUC) At least 3 years investigative experience from the police KREATIV-training, one week of training in interviewing adults "Interviews of children (6 ->) and adolescents" Last for nearly 1 year 3 weeks at the PUC Interviewing methods, law and legislation, child development, phenomenon knowledge about sexual abuse and violence, witness psychology, barnahus … Conducting interviews of children with guidance in their police districts Guidance and feedback on their interviews while gathered at the PUC

  5. Tromsø Bodø (Mosjøen) Ålesund Trondheim Barnehus i Norge – pr. November 2016 Hamar Bergen Oslo Moss Stavanger Sandefjord Kristiansand

  6. Forensic interviews of children in Norway The interview is part of an investigation, AND to be used in court as the child`s statement From 1998 – Oct. 2015: Judge leaded interviews (the judge legally in charge, but would always have a specially trained police investigator to conduct the interview) In addition to the judge, a counsel for the child, usually a defence lawyer for the suspect, a representative from the child protection unit and an adviser from the Children`s house would be following the interview on a monitor Every child witness under the age of 16 (and mentally disabled) Limit for conducting interviews: 2 weeks

  7. Forensic interviews of children in Norway Barnehus established from 2007 - 2016 Not mentioned in the regulations from 1998 or in other relevant legislation The judges decided whether to use Barnehus for the forensic interviews of children (and mentally disabled) or not The judges decided whether the Barnehus staff were allowed to speak during the interview process or not The majority of the interviews were conducted at Barnehus

  8. An increase of interviews…

  9. Forensic interviews of children in Norway From Oct. 2015: A police lawyer legally in charge of the interview, but will always have a specially trained police investigator to conduct the interview The main rule: No information about the first child interview to the suspect, no defence lawyer informed – unless that can be done without any harm for the child or the investigation. Supplementary interview if the suspect ask for it (the right to contradiction) Every child witness under the age of 16, mentally disabled and witnesses or victims with other disabilities (particularly vulnerable) 16-18 in incest cases ("can")

  10. Forensic interviews of children in Norway "Tilrettelagt avhør" (= "Facilitated interview") Mandatory ("must-cases") in cases about Attempt to or violation of sexual offenses Domestic violence and abuse Homicide Body injury Female genital mutilation May also be used in other cases if that will be in the best interest of the child/the mentally disabled person

  11. The interview should be conducted at a Barnehus in the "must-cases" As soon as possible after the police has been made aware of the suspicion Differentiated timelimits for the interviews

  12. Timelimits As soon as possible and no later than 1 week: In acute cases In "must-cases" where the offence happened less than 2 weeks ago I cases where the victim/witness has given an immediate and complete account about the suspected offence, And in cases were there are reason to believe that the interview is necessary to protect the victim or witness Within 2 weeks: In "must-cases" where the child is under 6 years In the cases where the witness is a victim in the case Within 3 weeks: In the remain cases

  13. Timelimits continues… The time limits should not compromise on the quality of the interview or the safety and care of the child. An extra weeks limit will be accepted if that is necessary to be able to investigate the case before the interview, or to make proper preparation for the interview. It may even be necessary to investigate if there is circumstances about the child that may have influence for the time and facilitations of the interview. The time for the interview may for example be postponed if the child recently has been acute placed in foster care, is traumatised or of other reasons particularly vulnerable.

  14. The role of the Barnehus § 5 in the new regulations If the interview is conducted at a Barnehus, a "Barnehus staff" shall meet and look after the child when it comes to the Barnehus. Barnehus staff shall also attend to consultation meetings, preliminary meeting and meetings after the interview, and will be given the opportunity to follow the interview by watching it together with the lawyers and other legally involved professionals. The Barnehus staff shall have competence in child behaviour and development, about mentally disabled persons and other particularly vulnerable people.

  15. The role of the Barnehus continues… They may contribute by giving witnesses interviewed at a Barnehus good follow-up and treatment, and to give the police lawyer leading the interview a good basis for his/hers decisions.

  16. Summary 2007 – Oct. 2015: Lack of regulation for the Barnehus in Norway gave different perceptions of their role Some judges did not want "their" interviews to be conducted at a Barnehus (and there were very little we could to about it…) Some judges involved the Barnehus staff and listened to their expertise, some did not The courts being responsible to arrange for the interview, affected the time the child had to wait The presence of the defence lawyer in almost every interview, influenced the investigation and sometimes also the safety situation for the child .

  17. Summary After Oct. 2015: Main rule: Mandatory use of Barnehus for forensic interviews of children and other vulnerable persons Clearer information about the role of the Barnehus in the new regulations The increase of interviews, and the focus of respecting the time limits -> a heavy workload on the Barnehus staff (and the interviewers) Having to prioritize the interviews has influenced the follow-ups and treatment sessions .

  18. Summary "Always": Uncomplicated cooperation between police and Barnehus staff (ex. with the development of sequential interviews of preschoolers) Mutual respect for each others competence Being employed by the police, Barnehus staff follows the same rules of confidentially as the police interviewer, investigator and police lawyer Gatherings once a year at all the Barnehus for interviewers and Barnehus staff (this year the police lawyers were included as well). Kripos and sometimes also PUC lecturing, and the main focus is on feedback and guidance to the interviewers. .

  19. Summary Not aware of any cases in court where questions has been asked about the interview being conducted at a Barnehus The good quality of the video recording, the professional facilitating of the interview process by the Barnehus staff, the interviewers competence and the judge's own experiences from Barnehus (before Oct. 15), probably has implications for how the legal system consider the interviews Sometimes questions from the legal system (ex. defence lawyers) about the cooperation between interviewers and the Barnehus staff, bur usually easy to "defend" (but important to be aware of our different roles) .

  20. Contact information: Tone Davik KRIPOS/National Criminal Investigation Service (NCIS) tone.davik@politiet.no Tlf: +47 23208537 / 90939180

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