The use of certain powers (coercive measures) requires the police to have a court warrant. If we want to use such powers, we must submit an application to this effect to the court. This means that we must give the judge our reasons for believing that it is necessary and proportionate to use statutory police methods in order to collect information in the matter. Hence, in such cases our work is monitored by a judge before it is concluded.
Some police methods are so intrusive to the suspect that the Norwegian Parliament has decided that the police must have the permission of the court to use them. The purpose of these special methods is to enable the police to collect significant information that is difficult to obtain by other means.
One example of powers that cannot be used without the permission of the court is interception of communications, for example in the form of telephone tapping.
The police's application must give reasons
When the police submit an application for a warrant to use a special method, we must give the judge the reasons why we believe it to be necessary to use such a method in order to proceed in the case on which we are working. The judge assesses whether our requirement is so large that we can be given permission to use the method requested.
Specially appointed Counsel review the case
Before the case reaches the judge, the application and documents are sent to a specially appointed Counsel, cf. section 100a of the Criminal Procedure Act. Counsel represents the interests of the person who the application to use measures is directed at, although Counsel must not communicate with the person.
Before the judge makes a decision, the views of both PST and Counsel will thus be available. If the court grants PST’s application, Counsel may appeal to a higher court.
The court imposes stringent terms
If the court allows the use of special police methods, the judge must pursuant to the Criminal Procedure Act set limitations on the warrant. Limitations may be in the form of a deadline, or a condition that the method may only be used a given number of times. Beyond this, the police must make a new application, if necessary.
On a re-application for (an extension of) the coercive measure, the judge will, inter alia, consider whether the police have used the powers granted in getting closer to solving the case in question.
The need for resources is weighed up against effectiveness
Special police powers demand high levels of police resources. To begin with, thorough preparation is required before we can submit an application to the court. If we are granted a warrant, implementing the measure will require substantial amounts of resources. In practice we will therefore always consider carefully whether it is justifiable to use such a large amount of resources on one case.