Three out of four sanctioned are men

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There has been a decrease in many types of penal sanctions over the last ten years. The share of men among those sanctioned has also fallen, but the large majority are still men.

In 2016, 291 000 penal sanctions were registered. In total, 260 000 persons were sanctioned during the year, of which 75 per cent were men, according to new figures from the statistics on sanctions. However, the gender distribution varies with type of offence committed and type of sanction.

Still affected by change to new register and new penal law

A new sanction register was introduced on 1 October 2015, with new rules for registration, and 2016 is the first statistical year in the sanction statistics where data for the whole year is used from this register (except for on-the-spot fines and a small number of other fines and conditional prosecution waivers). New registration practices make the comparison with earlier years uncertain, especially for the year of transition, 2015, where the number of registered cases seems to have been extraordinarily high. See About the statistics, under the section ‘Production’, ‘Comparability over time and space’, and the article about the statistical year 2015.

In the data extracted from the former version of the register, the determination of principal offence was made by the police and the Norwegian Prosecuting Authority. Information about other offences in the case was not recorded in a sufficiently structured manner for Statistics Norway to use for statistical purposes. With the new register, Statistics Norway receives the same information about all offences in the case, and can thus determine the principal offence as the offence with the highest maximum sentence. This change in determination of principal offence causes some differences as of the 2016 figures.

In addition to the new sanction register, a new penal law came into force in October 2015. The new penal law no longer differentiates between felonies and misdemeanours. This categorisation was therefore removed from the statistics as of 2015. Statistics Norway’s new standard classification of offences was implemented in the statistical year 2015.

Relatively many women receive on-the-spot fines

On-the-spot fines make up the large majority of penal sanctions, as shown in figure 1. In 2016, almost 199 000 on-the-spot fines were issued for road traffic offences and 18 600 for smuggling. After several years with a decrease, there was a slight increase in the number of on-the-spot fines from 2015 to 2016, by 1.5 per cent.

The share of women among those receiving on-the-spot fines is high compared to other sanctions, and has increased over time, from 23 per cent in 2006 to 26 per cent in 2016. The extensive scope of this type of sanction means it is crucial for the total gender distribution in these statistics.

Figure 1. Sanctions by type of sanction. 1960-2016

Ticket fine and on the spot fine On the spot fine Ticket fine Other types of sanctions
1960 48620 9674
1961 49106 10209
1962 54399 10454
1963 59297 10758
1964 53930 11846
1965 57539 11849
1966 61804 12141
1967 69057 12651
1968 67772 13347
1969 74832 15873
1970 73507 16545
1971 76381 18083
1972 83662 17571
1973 79347 18731
1974 64191 18706
1975 81448 17816
1976 89749 18583
1977 99527 18513
1978 101923 23504
1979 108489 23176
1980 114132 21412
1981 105071 21527
1982 116055 21798
1983 122572 22601
1984 121696 24626
1985 115502 23313
1986 134846 22335
1987 142119 18888
1988 156127 20240
1989 157020 21442
1990 164090 21609
1991 178440 19891
1992 190078 20602
1993 198066 20456
1994 184875 20209
1995 182161 19570
1996 179191 19943
1997 159602 36084 19479
1998 158105 40656 19377
1999 153338 41284 20448
2000 142420 45485 18462
2001 158637 56639 23964
2002 139587 46942 19459
2003 181960 52587 22499
2004 225704 55376 20961
2005 233190 56457 26542
2006 263659 58603 24620
2007 269398 62917 24834
2008 256350 58053 23953
2009 234032 55393 22856
2010 253755 56257 26021
2011 237586 55525 23790
2012 240239 54606 22177
2013 228823 55385 25128
2014 224884 52868 22959
2015 213989 53922 23939
2016 217197 50586 23140

In addition to on-the-spot fines, the Norwegian Prosecuting Authority imposed almost 50 600 ticket fines and granted 3 300 conditional waivers of prosecution in 2016. There has been a decrease in the number of ticket fines in the period 2006-2016, while the number of conditional wavers of prosecution in 2016 is about the same level as the last three years, after several years with an increase.

When on-the-spot fines are excluded, the share of sanctions given to women is only 16 per cent.

Decrease over time for many types of sanctions by court

Over the last ten years there has been a downward trend in the number of registered penal sanctions given out by court. In 2016, there were 19 900 sentences, which is 17 per cent less than in 2006. Fines, community sentences and conditional imprisonment in particular have shown a large decrease, by around 30 per cent from 2006 to 2016.

1 From 2014 Juvenile sanctions are included in Special santion or other type of sanction.

Figure 2. Sanctions, by selected types of sancions

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Fine 2144 1983 1745 2314 2508 2730 2209 2235 2069 1985 1699 1698 1545 1734 1796
Community sentence 750 1647 2191 2623 2804 2722 2881 2603 2896 2521 2349 2427 2155 2032 1944
Conditional imprisonment 7296 8292 6644 9289 7751 7442 6748 6536 7051 6161 5731 6074 5334 5735 5474
Unconditional imprisonment 9041 10319 9758 11292 10711 10445 10353 9471 11334 10341 9993 11676 10555 10868 10556
Special sanction or other type of sanction¹ 69 94 64 73 74 69 56 52 56 66 56 45 67 93 109

While there has been a decrease in other types of court decisions, the number of unconditional imprisonment sentences has been relatively stable throughout the decade. As the number of penal sanctions in total has gone down, the share of unconditional imprisonment sentences has increased. Unconditional imprisonment sentences were given out in 53 per cent of all court sanctions registered in 2016.

More women are subject to unconditional imprisonment

Of the penal sanctions given out by a court in 2016, just over 13 per cent were issued to women. For most types of sanctions, there was an increase in the share given to women during the period 2006-2016. The number of sanctions fell for both genders in the period, but slightly more for men than for women, leading to a corresponding change in the gender distribution.

For unconditional imprisonment, the number of sentences given to women increased by 37 per cent in the period 2006-2016. With the exception of the youngest women, there is an increase among all age groups during the period, and the share of unconditional prison sentences given to women in 2016 was highest among the 40-49-year olds (14 per cent). This is also reflected in the prison statistics. Nevertheless, almost nine out of ten unconditional prison sentences are given to men.

Figure 3. Proportion of women for selected types of sanctions

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
On the spot fine 19.7378 20.7820 22.2423 22.9453 23.3496 23.3631 24.2629 25.1299 25.2511 25.4622 25.6670 25.9153 26.4550 26.3263 26.1777
Community sentence 12.5333 12.7505 11.8667 14.6397 16.9044 15.7605 15.8973 16.5578 16.8508 16.3427 16.6454 17.9234 18.2367 17.9134 18.5185
Conditional imprisonment 16.1595 15.3280 15.3221 15.3730 16.5140 16.9041 15.9603 16.4321 16.5367 16.8155 17.0476 15.9697 17.4353 16.3557 16.7336
Ticket fine 15.1275 14.8721 15.4678 15.1492 15.3282 15.2345 15.3245 15.3661 15.2540 15.3056 15.4681 15.1059 15.5467 16.0288 16.0374
Fine 9.6759 10.8951 11.6686 11.2129 10.6468 11.6562 10.6947 11.0261 11.2628 12.6268 11.4082 11.2971 11.5460 12.5146 11.8701
Unconditional imprisonment 7.0014 7.1615 7.1736 7.1112 7.9544 8.2049 9.3306 8.6263 7.8348 8.8966 8.8662 9.3696 9.4647 10.9680 11.0553

For unconditional imprisonment, the share of women is lowest in the age group 15-17 years. Of the less than 50 unconditional prison sentences given to 15-17-year-olds registered in 2015 and 2016, only 4 per cent were handed down to women. Juvenile sentence is an alternative to unconditional imprisonment for offenders under the age of 18, and of the 113 juvenile sentences registered in 2015 and 2016 only 5 per cent were given to women.

Most sanctions for traffic and drugs

The type of offence committed determines the type of sanction given and the judicial authority that decides the sanction. Even when on-the-spot fines are excluded, 23 300 sanctions where a traffic offence was the principal offence were registered in 2016, most of which were ticket fines issued by the Prosecuting Authority. Both the courts and the Prosecuting Authority impose a large number of sanctions for drug and alcohol offences. These made up 41 per cent of all sanctions handed down by the courts in 2016.

For sanctions with violence and maltreatment or sexual offences as the principal offence, it is the courts that decides most cases, as shown in figure 4. These are groups of offences with relatively few sanctions, but with more offences that are aggravated. Unconditional imprisonment is given in 40 per cent of the sanctions where violence and maltreatment or sexual offences are the principal offence.

Figure 4. Sanctions exept on the spot fine, by group of principal offence and judical authority. 2016

Prosecuting authority Court of justice
Other offences 1273 111
Criminal damage 611 108
Sexual offences 408 514
Other offences for profit 2595 2461
Violence and maltreatment 2200 3681
Property theft 5180 1604
Public order and integrity violations 8402 1270
Drug and alcohol offences 11892 8068
Traffic offences 21286 2062

Women more often punished for less serious crimes

The most common type of offence committed varies according to different demographic characteristics, such as age, sex and place of residence. In terms of gender distribution, the share of offences committed by women is generally higher for less serious offences, and the share decreases with the severity of the offence. For example, 42 per cent of sanctions for petty theft were given to women, compared to 12 per cent of sanctions for aggravated theft in 2016.

Although the share of women has increased over time for many types of offences, women did not receive more sanctions than men for any type of principal offence in 2016. In addition to petty theft, the types of offences with the highest share of female offenders are embezzlement and ID offences, with over 40 per cent. Of the main groups of principal offences, the female share is highest for property theft (32 per cent). The lowest female share is found in the sexual offence groups (1 per cent), criminal damage (10 per cent), and public order and integrity violations (11 per cent).

Better data on citizenships

From the statistical year 2016, the information on citizenship is more complete than earlier years. Information about citizenship is now held in the statistics for persons registered with only a temporary ID-number (D-number) in the population register who have been issued with an on-the-spot-fine for traffic or custom offence. This means fewer sanctioned persons will be registered with unknown citizenship in the statistics. However, comparisons with earlier years will also be more difficult when it comes to sanctioned persons in total and for the sub categories of other offences for profit or traffic offences. The change mainly affects the numbers for (non-Norwegian) European citizens. The number of sanctioned persons for this group in total was 18 per cent higher in 2016 than it would have been without information about citizenship for the D-number population (47 per cent higher for other offences for profit and 17 per cent higher for traffic offences).