Title : An Assessment of the implementation of the Juvenile and Family Court and Juvenile and Family Procedure Act.BB.2553
Researchers: Dr.Sumonthip Chitsawang, Dr. Piyaporn Tanneekun
The objectives of the research study on “An Assessment of the Implementation of the Juvenile and Family Court and Juvenile and Family Procedure Act.BB.2553” are to study the course of problems and obstruction in the process of juvenile justice proceedings and assessment of juvenile justice agencies in comply with the Act. In addition, It is intent to study measures for the diversion of case out of juvenile justice proceeding.
The research study applied both quantitative and qualitative research methodology. Stratified sampling and simple random sampling were used to select 372 samples from juvenile justice personnel in Bangkok area. The qualitative data also come from purposive In-depth interview of 45 samples who are related to Juvenile justice. Two focus groups of expert and related personnel were also employed. The statistics employed for this study were percentage, mean, standard deviation.
The study showed that there are work difficulties in every steps of Justice process starting from arresting of juvenile delinquency, confining the accused juveniles, and taking them to court within 24 hours to examine the compliance of the arrest procedure with the law to rehabilitation of juvenile delinquency. Particularly, there are many obstructions to work in comply with Article 86 of he Act.
The lack of understanding of principle and will of the Act, the lack of personnel and budget to run the program. And the lack of cooperation among the concerned agencies on the rehabilitation of juvenile delinquency. In addition, the increasing number and the severity of juvenile delinquency in Thailand lead to the full support of the public attitude toward severe reaction to juvenile delinquency. However, the juvenile justice can’t respond to the problems effectively. In term of output, some juvenile delinquency is not proceed to the proper treatment programs. In term of outcome, many juvenile delinquency were residivist.
Recommendation from the research study are that the Act should be amended to be more flexible for justice agencies to work in comply with the Act. Capacity building for juvenile justice personnel on the will of the Act is also necessary. Lastly, clear-cut of judicial power and administrative power should be made. In this connection, there should be law related to the treatment of juvenile delinquent for Department of Juvenile Observation and Protection.