Normally arrest warrants is required to arrest someone. This however is not always the case and you can be arrested without a warrant in the following circumstances which have already been described elsewhere on this website. Always speak to a criminal lawyer in Thailand for more advice and assistance.
Arrest Warrants in Thailand
These are as follows briefly:
- (a) Where the offence was a flagrant offence and the person having been pursued physically;
- (b) A person at the scene of the crime who still has an object/weapon or visible traces of guilt;
- (c) Where the person has been found with tools or weapons with reasonable cause to suspect the person is going to commit a crime;
- (d) Where there is justifiable evidence supporting an arrest warrant under Section 66 but due to urgency there is no time to apply for the warrant;
- (e) Where the person has escaped or is going to escape after being released on bail.
When the matter did not require an immediate arrest as the police had still been investigating the crime the following would need to be met in order for the court to issue an arrest warrant. This normally happens when the police arrive at a crime scene and they do not have a suspect however they manage to trace a suspect and now a warrant for his or her arrest is required.
This process can be seen with the spat of bombings in Thailand a few years ago when a suspect was traced with the use of security cameras near the scene. They will either have a name or it will be a “John Doe” arrest warrant where they know the person but not their details. The following would normally be required:
- (a) The police must notify the person to be arrested that he is going to be arrested;
- (b) They must notify the arrested person of the charge;
- (c) They must notify the arrested person that he can please guilty and read him his rights;
- (d) They must allow the arrested person the ability to contact an attorney or relatives;
- (e) The police will have the power to exercise measures to prevent escape.
Note that when you are arrested the police have the right to search you and they are allowed to seize any articles on you as evidence. This becomes apparent if someone is being arrested for fraud and they find blank credit cards on his person. These will be kept as evidence. The same would go with any clothing you might have on that may contain DNA evidence that they might require later as well if it was a violent crime.
As for how long they may detain you it would be best to see the page on arrest and detention as this will show you how the detention is calculated in Thailand and what your rights are while being detained. Always seek legal advice from a Thai criminal attorney when arrested in Thailand as the laws can become very complex. Note the pages on specific crimes in Thailand.
The information contained on our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.