Lagrådet Rejects Government's Youth Prison Proposal Amid Criticism of Preparation and Deviations

Sweden's legal council, Lagrådet, has formally rejected the government's legislative proposal to establish youth prisons for 15 to 17-year-olds, citing significant concerns about inadequate preparation and deviation from earlier investigation recommendations. The original proposal suggests sentencing youth to prison instead of closed youth care, based on an August 2023 investigation report. However, Lagrådet emphasized that the government's draft law diverges notably from the investigation's intentions both in substantive content and legal implementation.

The council also criticized the limited stakeholder consultation, noting that the Swedish Prison and Probation Service was only consulted after the proposal was revised, highlighting a need for broader expert engagement before proceeding with legislation. Lagrådet described the preparation process of the proposal as "deficient" and advised that it not move forward without further refinement and consultation.

Despite this rejection, Justice Minister Gunnar Strömmer of the Moderate Party defended the reform's importance for public safety, particularly in combating serious violence. Strömmer stressed that the government's revised proposal seeks to better accommodate convicted minors’ circumstances, including safeguarding their rights to maintain family contacts and participate in education programs. The minister confirmed that the government would thoroughly review Lagrådet's critiques and provide a response in the new year.

Additionally, the government is contemplating lowering the age of criminal responsibility to 13 years, though this proposal falls outside the scope of Lagrådet's review. The decision to reject the youth prison legislation marks a significant moment in Sweden's justice reform efforts, underscoring calls for more comprehensive preparation and stakeholder involvement before moving ahead with such impactful changes.