Late Monday evening, Marius Borg Høiby was arrested by the police. This is the third time Høiby has been arrested in less than four months.
Since the last arrest, the Crown Princess’s son has been held in central custody in Oslo. He will remain there until Wednesday, the police confirm to NRK.
But what will happen after that?
The police are currently assessing whether to present Høiby for <span class="note" data-content="
When a person who is charged in a criminal case, but not convicted, is placed in jail.
” data-term=”varetektsfengsling”>preventive detention.
– This is a question they need to decide on quickly. You can’t just arrest people without bringing them to court, says Kjetil Kolsrud, who is the editor of the newspaper Rett24.
The police can hold a suspect in custody for a maximum of 48 hours before they must seek approval from the district court to continue detaining the suspect, according to Norwegian courts.
Høiby will remain in custody until the police decide whether to present him for preventive detention.
Must have a reason
For a person to be placed in preventive detention, the court must consider that there is at least a 50 percent likelihood that the person has committed a crime that can lead to imprisonment for more than six months.
The most serious charge Høiby is facing is rape <span class="note" data-content="
This means that there has not been penetration with sexual organs or other objects.
” data-term=”uten samleie”>without intercourse. This charge alone has a <span class="note" data-content="
The longest sentence a person can be sentenced to. Normally, a person who is convicted will receive a lower sentence than the maximum penalty.
” data-term=”øvre strafferamme”>maximum penalty of ten years in prison.
Høiby denies the charges of the alleged rape.
Additionally, one of the following reasons must be met:
- Risk that the suspect will flee and not appear when a possible criminal case begins.
- Risk that evidence will be destroyed.
- Great risk that the suspect will commit new, similar criminal acts.
- The suspect wishes to be placed in preventive detention.
– The typical reasons are the risk of reoffending or the risk of evasion, Kolsrud says.
Editor of Rett24 Kjetil Kolsrud believes the risk of reoffending will be an important factor in the police’s assessment of whether to present Høiby for preventive detention.
– The risk of reoffending is central
– The suspect was arrested due to the risk of evidence tampering related to the charges, police attorney Andreas Kruszewski told NRK on Tuesday.
This means that the police feared evidence in the criminal case could be lost if they did not place him in custody.
When Høiby was arrested in mid-September, it was because the police accused him of violating a restraining order that was imposed on him regarding one of his ex-girlfriends.
On Tuesday, it became known that the police once again believe that Høiby has violated the restraining order concerning the same woman.
– The risk of reoffending is a central point that will be discussed, given that this involves a restraining order that has been violated multiple times. But then it depends on the circumstances surrounding this. It is not obvious what the answer will be, says Kolsrud.
The district court decides
Andreas Kruszewski says that the police plan to decide whether they will detain Høiby by 10:00 AM on Wednesday.
- If the police conclude that Høiby should not be presented for detention, he will be released.
- If instead they believe Høiby should be placed in preventive detention, the matter must be addressed by the district court.
However, there is no automaticity in Høiby being detained, even if the police believe there is grounds for it.
– It is the court that will assess whether the grounds are valid, explains Kolsrud.
Published
19.11.2024, at 10:40 PM
Updated
19.11.2024, at 10:56 PM
What are the implications of Marius Borg Høiby’s repeated arrests for his legal defense strategy?
Interview between Time.news Editor and Kjetil Kolsrud, Editor of Rett24
Time.news Editor (T.E.): Good evening, Kjetil. Thank you for joining us today. The recent developments surrounding Marius Borg Høiby’s arrest have raised many questions. It’s his third arrest in less than four months. What does this pattern of behavior signal to you as a legal expert?
Kjetil Kolsrud (K.K.): Good evening! The arrest certainly suggests ongoing concerns regarding Høiby’s conduct. This frequency of arrests indicates that there may be underlying issues that have yet to be addressed. Each arrest seems to signal escalating legal troubles and, potentially, a pattern of behavior that could lead to more serious consequences.
T.E.: Høiby is currently being held in central custody and will remain there until Wednesday. Can you explain what the next steps are for him in the judicial process?
K.K.: Of course. After being held for 48 hours, the police must seek the district court’s approval for continued detention. They will be assessing whether to request preventive detention, which requires evidence that there’s at least a 50% likelihood that he’s committed a serious crime. The court will consider factors such as the risk of fleeing, evidence tampering, or reoffending.
T.E.: You mentioned the risk of reoffending as a crucial factor in the police’s consideration. Can you elaborate on why that’s significant in this case?
K.K.: Certainly. In legal terms, the police must demonstrate that the suspect poses a danger not just to the integrity of the legal process, but to the community as well. In Høiby’s case, the police attorney indicated that he was arrested partly due to concerns about evidence tampering. If they perceive a significant risk that he may commit similar offenses again, that would weigh heavily in favor of preventive detention.
T.E.: Høiby is facing serious charges, including allegations of rape without intercourse, which carries a maximum penalty of ten years. How does the severity of the charges impact potential consequences for Høiby?
K.K.: The severity of the charges is critical. If the court believes there is sufficient evidence suggesting Høiby could face imprisonment for an extended period, it heightens the stakes significantly. The court will take into account not only the potential sentence but also the circumstances surrounding the alleged crimes, which could influence how they assess the risks associated with allowing him to remain free during the legal proceedings.
T.E.: Considering that Høiby denies the charges, what avenues might his defense team explore in light of the arrest and potential preventive detention?
K.K.: Høiby’s defense team will likely focus on challenging the evidence and the rationale for preventive detention. They may argue against the likelihood of reoffending or fleeing, as well as the validity of the evidence that the prosecution may seek to bring against him. They could also highlight any procedural irregularities that might arise during his detention.
T.E.: Should the courts decide to deny preventive detention, what might that mean for Høiby’s case moving forward?
K.K.: If preventive detention is denied, it could indicate the court’s belief that the risks associated with releasing him are manageable. However, this does not equate to a dismissal of the charges. The case would proceed through the legal system, and conditions could still be imposed on his release to ensure compliance and supervision until trial.
T.E.: Thank you, Kjetil. This situation raises many important legal and societal questions. We appreciate your insights on this developing story.
K.K.: Thank you for having me. As this case unfolds, it will be interesting to see how the legal system addresses both the serious nature of the allegations and the broader implications for public safety.