The prison justified the decision on the grounds that the man had threatened an employee during a routine visit of the man’s prison cell. It was therefore believed that he had violated criminal law by making threatening statements.
It is in some cases sufficient to be able to put an inmate in a penal cell. But this time, the police abandoned the charge as it did not believe there was enough to be able to pursue a later criminal case.
The Danish Prison and Probation Service and the prison nevertheless refused to comply with the police’s assessment and therefore failed to revoke its previous decision on the penal cell.
The decision, however, meant that the inmate was denied exit in the ensuing months.
Initially, the city court upheld the Danish Prison and Probation Service, but in 2020 the Western High Court upheld the inmate – a decision that the Supreme Court has now upheld.
Assistant lawyer Frederik Blicher Jepsen, who has been involved in leading the case, assesses that the decision may form the basis for the Danish Prison and Probation Service to be forced to reopen a large number of cases that have been decided according to the same practice.
– This applies to both cases of sentence cell and compensation for sentence cell, but also cases of probation, where sentence cell is included as an element that speaks against probation, he writes in an email after Friday’s decision.
Source: The Nordic Page