Use of Non-custodial Measures for Offenders in Thailand (From Resource Material Series No. 38, P 251-262, 1990, United Nations Asia and Far East Institute -- See NCJ-135723)

• NCJ Number: 135739
• Author(s): N Comephong
• Date Published: 1990
• Length: 12 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: Japan

Annotation

Several non-custodial alternatives to incarceration are currently used by the correctional system of Thailand.

Abstract

Provisional release or bail, the primary alternative to pre-trial detention, is used to ensure the offender's appearance at a further stage of proceedings. There are three types of provisional release: release without bail, release with bail but without security, and release with bail and security. Several factors are considered when deciding whether to grant a provisional release: gravity of the charge, the evidence, circumstances of the case, reliability of the applicant, likelihood of the offender absconding, the potential danger resulting from a provisional release, and any objections by the prosecutor. There are provisions in the criminal code concerning termination of provisional release, breach of bond, and review of refusal of provisional release. In pre-trial diversion, an offender is diverted from the criminal justice process after arrest and is allowed to participate in a supervised community program which may include alcohol and drug treatment, counseling, job-training, and mental health treatment. Efforts by the Department of the Public Prosecutor to introduce a deferred prosecution program into the Thai criminal justice system were declared illegal by the Juridicial Council. 1 appendix