A person in remand detention should have been released on licence the day before a district court judgment was delivered. After the Parliamentary Ombudsman filed a report with the Government Disciplinary Board for Higher Officials, the responsible judge was issued a warning

A defendant was sentenced in the district court to a short prison term. The judgment did not make an order on remand detention, but it was clear from the court’s reasoning that the sentenced person should remain in remand detention until the sentence was executed or he should have been released on licence. However, applying the rules on conditional release and credit for time spent in custody, he should have been released on licence the day before the District Court’s judgment was delivered. It was only noticed by the Prison and Probation Service two days after the remand prison had received the judgment. The convicted person was thus detained for three days without there being a legal basis for this.

The Parliamentary Ombudsman reported the responsible judge to the Government Disciplinary Board for Higher Officials for consideration of disciplinary sanctions. The Government Disciplinary Board for Higher Officials issued a warning to the judge under sections 14 and 15 of the Public Employment Act. Since that decision has become final, the Parliamentary Ombudsman is now closing the supervisory case.

Date of decision: 2024-06-19