Exclusion order

Case no. 36/2019
Judgment delivered on 16 August 2019

The Prosecution Service
vs.
T

Conditions for issuing exclusion order met

The High Court had sentenced T for possession of a loaded firearm under particularly aggravating circumstances close to the clubhouse of Mexigang, a support group for the gang Bandidos, in the city of Brøndby. The case before the Supreme Court concerned whether T should be banned from entering and residing in specified areas.

The Supreme Court agreed that the conditions of the Danish Criminal Code for imposing an exclusion order on T were met, including that T’s possession of the loaded firearm was related to his association with Bandidos. Based on a concrete proportionality assessment, the Supreme Court also endorsed the geographical scope of the exclusion order determined by the High Court in the municipalities of Brøndby and Rødovre, only with a minor clarification, and agreed that the exclusion order should also cover Bandidos’ other clubhouses in Denmark. In this respect, the Supreme Court held that there were no grounds for setting aside the Prosecution Service’s claim clarifying the addresses of two of these clubhouses. Finally, the Supreme Court held that the term of the exclusion order of four years and six months from the date of the final judgment was appropriate.

Based on an overall assessment, the Supreme Court found that the imposition of the exclusion order with the above-mentioned geographical scope and term was not in breach of the European Human Rights Convention.

The High Court had reached the same conclusion.