Detention and Search

Section 77 – Nationwide Validity of Arrest Warrants

Much like the West. The arrest warrants in Thailand are issued and is effective through the entire country. The warrant may be communicated through a certified copy, telegram, or even through electronic means.

Section 78 – Arrest Without a Warrant

Law enforcement officers, this including the police can arrest individuals without a warrant in very specific conditions. This is when they catch someone in the act of committing a criminal offense (in flagrante delicto) or is found in possession of incriminating evidence. Lastly this can also be when the person is reasonably suspected of having just committed a crime and is likely to evade apprehension.

Section 79 – Authority of Private Citizens to Arrest

Under clearly defined and under limited conditions private citizens are legally permitted to effect an arrest. This occurs when a person commits an offence in the presence of a citizen and needs to prevent his escape.

Section 80 – Definition of Flagrant Offense

An offense is deemed “flagrant” when it is actively being committed or has just been committed and there is tangible and immediate evidence connecting the suspect to the offense—for example, possession of stolen property or an eyewitness account.

Sections 81 & 81/1 – Restrictions on Arrest in Privileged Locations

There are certain standard when arrested someone within private dwellings or Royal residences. This will require prior approval from the appropriate supervisory authority or having a judicial warrant, unless exigent circumstances apply.

Section 82 – Lawful Assistance in Arrest

There is no compulsion on private person to comply where officers may request assistance from the public. This while effecting an arrest. Such assistance must be voluntary.

Section 83 – Notification of Rights Upon Arrest

When someone is arrested they must be promptly informed of: – The nature as well as the cause of the arrest, – Their right to remain silent, and their right to legal counsel. See being arrested in Thailand. This must occur at the time of arrest. It must be clearly communicated to ensure the accused can adequately exercise their legal rights.

Section 84 – Prompt Presentation to Investigating Officer

The arrested person must be brought before the designated investigating officer without delay. The officer must reiterate the arrested person’s rights and begin the investigative process in accordance with procedural requirements.

Section 85 – Search and Seizure Upon Arrest

If there is a search needed when the person is arrested then this must be done with the respect and dignity of the person. The officers can seize items deemed relevant as evidence. This must be done in proportional to the nature of the offense.

Section 86 – Use of Restraints

Physical restraints such as the use of handcuffs can only be employed when their is the risk of flight. It can only be doone to ensure the officers safety or the prevent the destruction of evidence. Excessive or arbitrary restraint is prohibited.

Section 87 – Time Limits on Detention

There is a time limit of 48 hours from the time of arrest for detention without judicial oversight. Any extension of this period must be justified by compelling evidence and approved by the courts.

Section 89 – Execution of Detention or Imprisonment Warrants

Note that all warrants authorizing detention or imprisonment. These must be executed strictly in accordance with the territorial and procedural jurisdiction of the issuing court. Any deviation may render the detention unlawful.

Section 90 – Remedies for Unlawful Detention

Should the persons be unlawfully detained—or any party acting on their behalf. They may petition the court for a writ of release. Likewise upon review, if the court finds the detention to be unlawful. The courts will then be empowered to order the immediate discharge of the individual from custody.