กรมคุมประพฤติ
Department Of Probation
Probation for Juvenile Offenders
Probation for juveniles in Thailand officially commenced with the enactment of the Act for the Establishment of the Juvenile and Family Court and the Juvenile and Family Procedure Act, B.E. 2534 (1991). This led to the establishment of the Central Juvenile and Family Court (now the Central Juvenile and Family Court) and the Central Observation and Protection Centre for Children (now elevated to the Department of Juvenile Observation and Protection) as responsible agencies for handling juvenile offenders, including their probation, in B.E. 2495 (1952). Subsequently, similar operations expanded nationwide to cover all regions. Later, on July 10, B.E. 2544 (2001), the Cabinet resolved on a framework to reduce the volume of cases entering the courts, specifically concerning probation. It designated the Department of Probation as the primary agency for the probation of offenders at the pre-trial, trial, and post-trial stages, for both juvenile and adult offenders. Subsequently, the Act on the Reorganization of Ministries, Bureaus, and Departments, B.E. 2545 (2002), and the Royal Decree on the Transfer of Administrative Affairs and Powers of Government Agencies in Accordance with the Act on the Reorganization of Ministries, Bureaus, and Departments, B.E. 2545 (2002), were promulgated. These mandated the transfer of administrative affairs and powers, along with other related components concerning the probation of juveniles under court judgments or orders from the Observation and Protection Centre for Children and Juveniles, to become the mission and authority of the Department of Probation, Ministry of Justice. This took effect from October 9, B.E. 2545 (2002), onwards. Consequently, the Department of Probation assumed the responsibility for the probation of juveniles from the Department of Juvenile Observation and Protection, specifically for the supervision and monitoring stage. The investigation and observation stage remained the responsibility of the Department of Juvenile Observation and Protection. The transfer of juvenile probation duties officially occurred on July 1, B.E. 2546 (2003). Currently, probation for juveniles, specifically the probation or supervision and monitoring aspect, is the responsibility of the Department of Probation, Ministry of Justice. Probation officers under the provincial/court probation offices across the country, totaling 107 offices, are responsible for supervising and monitoring these juvenile offenders.
Definition
Probation for juveniles is the process of monitoring, supervising, advising, and assisting juvenile offenders in the community who have been subjected to probation conditions. Probation officers oversee, advise, assist, or warn them regarding their conduct, education, occupation, or other matters using appropriate rehabilitation methods. The aim is to ensure that offenders comply with probation conditions, do not re-offend, and can adapt to live peacefully in society.
Types of Probation for Juveniles
Probation for juveniles is the process of monitoring, supervising, advising, and assisting juvenile offenders in the community who have been subjected to probation conditions. Probation officers oversee, advise, assist, or warn them regarding their conduct, education, occupation, or other matters using appropriate rehabilitation methods. The aim is to ensure that offenders comply with probation conditions, do not re-offend, and can adapt to live peacefully in society.
Authorities Empowered to Order Probation for Juveniles
1
The Central Juvenile and Family Court
2
The Provincial Juvenile and Family Court
3
Provincial Courts Juvenile and Family Case Division
Objectives
The objectives of probation for juveniles are as follows
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To rehabilitate juveniles according to their problems and needs.
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To assist juveniles in living and adapting to society without re-offending.
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To promote the welfare and safety of the community.
Types of Probation for Juveniles
Probation for juveniles commences after the Juvenile and Family Court orders a probation officer to supervise them. It can be divided into two types: probation before judgment and probation after judgment.
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Probation Before Judgment: Probation before judgment refers to the situation where the court with jurisdiction over juvenile cases orders probation for juveniles according to Section 132 of the Act on the Establishment of the Juvenile and Family Court and Juvenile and Family Procedure Act, B.E. 2553 (2010). This section stipulates that if the court deems it inappropriate to render a judgment given the circumstances of the case, or if a parent, guardian, or person with whom the juvenile resides requests it, and after questioning the victim, the court may order the temporary release of the juvenile and entrust them to the said person without bail, with bail, or with bail and security. The court may also impose conditions or safety measures, such as converting a fine into probation. The court may impose one or more probation conditions as stipulated in Section 142(2), along with the details of the 1-8 conditions the court may specify for probation. The duration of probation imposed by the court on the juvenile must not exceed the age of 24 years old. Amendments, revocations, or additions to probation conditions may occur if the court itself becomes aware, or it is reported by a probation officer or social worker, that facts or circumstances related to the probation conditions for the juvenile have changed, as stipulated in Section 138. This also includes the designation of probation officers or social workers to carry out the probation of the juvenile. If the juvenile fails to comply with the probation conditions imposed by the court, the court may order the juvenile to undergo training at a juvenile observation and protection center for a period not exceeding one year, but not beyond the age of 24 years old, as stipulated in Section 139.
The order to use probation under Section 132 serves as a temporary measure. It allows the court to gather background information on the juvenile, or observe their behavior during probation, to determine its effectiveness. This information will then be used to exercise judicial discretion in rendering a judgment that best serves the rehabilitation and rectification of that specific juvenile later on.
Probation at this stage, therefore, involves the imposition of a probation measure before the court issues a judgment. Its intent is to rectify and rehabilitate the behavior of juveniles without first issuing a formal judgment against them. Probation in this case aims to give juveniles an opportunity to learn to improve themselves and to prevent them from reverting to harmful behavior or re-offending.
Generally, the implementation of probation for juveniles when the court orders it before judgment is to be observed in the same manner as probation for juveniles after judgment. - 2
Probation After Judgment: Probation after judgment refers to the situation where the court with jurisdiction over juvenile cases orders probation for juveniles after the court has issued a judgment. This can occur in cases where the juvenile is found not guilty, or when they are found guilty, as follows
- 2.1
Case of Juvenile Found Not Guilty: This is a case where the court releases the juvenile because they are found not guilty, but the juvenile's conduct is harmful and inappropriate. Therefore, for the welfare and future of the juvenile, the court may release them under probation conditions, as stipulated in Section 138 of the Act on the Establishment of the Juvenile and Family Court and Juvenile and Family Procedure Act, B.E. 2553 (2010). This section states that if the court finds a juvenile defendant not guilty and releases them, but deems it appropriate to impose conditions regarding the juvenile's conduct, the court has the authority to specify one or more probation conditions in the judgment. It also stipulates the details of the probation conditions, the duration of probation imposed by the court on the juvenile (which must not exceed the age of 24 years old), and the amendment, revocation, or addition of probation conditions if the court itself becomes aware, or it is reported by a probation officer or social worker, that facts or circumstances related to the probation conditions for the juvenile have changed. Furthermore, it designates probation officers or social workers to carry out the probation of the juvenile. If the juvenile fails to comply with the probation conditions imposed by the court, the court has the authority to issue a summons or arrest warrant for the juvenile to be warned, or to order the juvenile to undergo training at a juvenile observation and protection center for a period not exceeding one year, but not beyond the age of 24 years old, as per Section 139.
- 2.2
Case of Juvenile Found Guilty: This can be divided into three sub-cases:
a. Case where the juvenile is found guilty but not subject to punishment: This applies to juveniles aged over 10 years but not exceeding 15 years old who commit an offense. Section 74(3) of the Penal Code stipulates that such a juvenile shall not be punished, but the court has the authority to entrust the juvenile to their parents, guardian, or the person with whom they reside. The court may also impose probation conditions on the juvenile, similar to those stipulated in Section 56 of the Penal Code. A probation officer will be assigned to supervise the juvenile's probation. Probation in this case is ordered when the court perceives that imposing probation conditions on the juvenile will be more beneficial to them than punishment or training methods. The court may release the juvenile. b. Case where the juvenile is found guilty and sent for detention and training with minimum and maximum periods, and the court orders probation during that period: This is when juveniles are found guilty, and the court orders them to be sent for detention and training at a training center, educational institution, training facility, or psychological guidance center. If the court has set minimum and maximum periods, the court may release the juvenile during that minimum and maximum period, with or without imposing probation conditions. The period for which the court imposes conditions on the juvenile must not exceed the maximum period specified in the judgment of that case, as stipulated in Section 62. This includes details on probation conditions, probation duration, and the amendment, revocation, or addition of probation conditions when facts or circumstances related to probation change, as well as the designation of those responsible for probation and actions to be taken if the juvenile fails to comply with court-ordered probation conditions, as stipulated in Sections 139 and 143. c. Case where the juvenile is found guilty and sent for detention and training until completion, then placed on probation: This is when a juvenile is found guilty, and the court orders them to be sent for detention and training at a juvenile observation and protection center, educational institution, or training facility. Subsequently, when the juvenile is released from the school or training facility, and the court itself, or the director of the observation and protection center, or the director of the educational or training facility, requests the court to impose probation conditions on that juvenile as stipulated in Section 62, Paragraph 2. This includes details on probation conditions, probation duration, and the amendment, revocation, or addition of probation conditions when facts or circumstances related to probation change, as well as the designation of those responsible for probation and actions to be taken if the juvenile fails to comply with court-ordered probation conditions, as stipulated in Sections 139 and 143.
Notification of Probation Orders
The notification of probation orders is handled by the Central Juvenile and Family Court, Provincial Juvenile and Family Courts, or Provincial Courts with a Juvenile and Family Case Division, through coordination between the Court Administration Office and the case administration of the Probation Office. It is divided into two cases
- 1.1
When the Central Juvenile and Family Court orders probation for a juvenile, regardless of whether the juvenile resides in Bangkok or other provinces, the Central Juvenile and Family Court will send a judgment notification (notifying the outcome of the probation case) to the Bangkok Probation Office for action. This is further divided into two sub-cases:
(a) If the juvenile resides in Bangkok, the Bangkok Probation Office will assign the case to one of the 11 Probation Offices in Bangkok, according to the area of responsibility where the juvenile resides during probation. (Details can be found in the directory of probation offices and their areas of responsibility for adult probation, juvenile probation, and parole and sentence reduction, along with a map of probation offices nationwide.) (b) If the juvenile resides in other provinces, the Central Juvenile and Family Court will schedule the juvenile to meet with a probation officer at the Bangkok Probation Office to receive clarification on probation conditions and to be informed of the location of the provincial/court probation office where the juvenile must report. It will also schedule an appointment for the juvenile to meet with a probation officer at the provincial/court probation office directly responsible for the area where the juvenile resides during probation. - 1.2
When a Provincial Juvenile and Family Court, or a Provincial Court with a Juvenile and Family Case Division, orders probation for a juvenile, regardless of whether the juvenile resides in the province where the court is located, in another province, or in Bangkok, the Provincial Juvenile and Family Court, or the Provincial Court with a Juvenile and Family Case Division, will send a judgment notification (notifying the outcome of the probation case) directly to the provincial/court probation office responsible for the area where the juvenile resides during probation. It should be advised that the juvenile first meet with a probation officer at the provincial/court probation office within the jurisdiction of the court that issued the judgment, to receive clarification on probation conditions and to be informed of the location of the probation office where the juvenile must report. It will also schedule an appointment for the juvenile to meet with a probation officer at the provincial/court probation office directly responsible for the area where the juvenile resides during probation, or as specified in the court's judgment.
Laws Related to Probation for Juveniles
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Act on the Establishment of the Juvenile and Family Court and Juvenile and Family Procedure Act, B.E. 2553 (2010)
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Royal Decree on the Transfer of Administrative Affairs and Powers of Government Agencies in Accordance with the Act on the Reorganization of Ministries, Bureaus, and Departments, B.E. 2545 (2002), Section 107 in conjunction with Sections 161 and 162
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Penal Code, Sections 56-58, Sections 73-75
Probation Process for Juveniles
When the Central Juvenile and Family Court, Provincial Juvenile and Family Courts, or Provincial Courts with a Juvenile and Family Case Division order probation for a juvenile, whether it is probation before judgment or after judgment, and regardless of whether the juvenile is found guilty or not guilty, the probation process will commence. The operational steps, from the court's probation order until the probation officer submits the probation report to the court upon completion of probation, consist of six steps as same as probation for adult offenders. For juveniles, however, it is essential to have their parents, guardians, the individual with whom the juvenile resides, the individual or organization responsible for the juvenile's care, or a person requested by the juvenile, participate throughout the entire process.