Information for defendants

In most criminal cases, the most important aspects of the police investigation are the statements of the accused, the victim and witnesses. If the police investigation leads to the issuing of charges, these reports form part of the case file in court. Generally, the questioning of the accused takes place at a police station, but sometimes the first report is taken immediately at the scene of the alleged offence.

The defendant shall always have the right to have a defence counsel with him or her when questioned by the police. The questioning of the accused is conducted in a closed door, i.e. there are no other persons present than the accused, his defence counsel and a representative from the police who is in charge of the questioning.

The report is recorded in audio and sometimes also in video. The police shall write a report on what the accused had to say in the case, either in such a way that a summary of his or her testimony is prepared or that the statement is written from the word go. The statements taken from the accused during the police investigation will form part of the case file.

How is the hearing conducted?

Before the questioning begins, the police will inform the accused of the conduct they suspect of. The police shall also inform the accused that he/she is not obliged to comment or answer questions from the police. The person who is making the statement is asked at the beginning of the police questioning about his or her name, ID number and home.

If the defendant chooses to give evidence, it is imperative that he/she give the truth and the right to it and not deduct anything from it that may be of significance. Police will ask the accused questions about the issues that the investigation is focusing on and police questions should be clear and unambiguous. If the defence counsel is present when questioning the defendant, he or she may recommend to the police that the defendant be asked about certain matters.

The defendant may not consult his or her defence counsel on how to answer individual questions, but may consult his or her defence counsel in private, if this does not interfere with the taking of statements in the opinion of the police. It varies between cases how often the accused is heard by the police during the investigation of a case.

Convicted person under the age of 18

If a defendant under the age of 18 is to be questioned regarding an alleged violation of the General Penal Code or a violation of other laws that may be punishable by more than two years' imprisonment, a child protection committee shall be notified, which may also send a representative to attend the hearing.

Interpreting the hearing

If the defendant does not know Icelandic well enough, the police shall call a certified court interpreter or other qualified person to handle the translation of the case. The police shall call a sign language interpreter if the declarant relies on Icelandic sign language for communication. The cost of this shall be paid by the Treasury.