A Comparative Study on the Protection of People's Rights by Volunteer Lawyers at the Pre-Trial Stage in Criminal Cases in the United Kingdom, Singapore, and Thailand
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Abstract
This study aims to analyze and compare the roles of volunteer lawyers in protecting people’s rights during the pre-trial stage of criminal cases, focusing on the cases of the United Kingdom, Singapore, and Thailand. It examines the roles, challenges, and development strategies of volunteer lawyers in providing legal assistance to defendants at the early stages of the criminal justice process, a critical period for safeguarding procedural rights. The findings reveal that all three countries emphasize the right to access legal counsel from the investigation stage; however, the organization of volunteer lawyer systems differs according to legal and social contexts. The United Kingdom has a legal aid system that is well-established, stable, and widely recognized, Singapore operates volunteer lawyer services under the support of the state and professional organizations, while Thailand continues to face limitations in resources and coordination mechanisms. This study proposes strategies to develop an effective and sustainable volunteer lawyer system in Thailand, aiming to strengthen the rule of law and ensure equitable access to justice for all people.
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References
Act Promulgation the Criminal Procedure Code B.E. 2477 (1934). (1935, June 10). Royal Thai Goverment gazette. No.52. p.598
Aekachai Matsamak, Decha Wethayayonget, Jiraporn Kulchon, Jirasak Singthongsai, Jirat
Buachuen, Jaruwan Hongto, Kawalee Thongpoi, Komsan Sawatpanit, Nattaphatsorn
Supasit, Panuwat Ratchataphaisit, Sanchai Dutdamkoeng, Sit Prungkiat, Suwanna
Theerawongkanjana, Thammanun Yodkul, Thanakorn Saensupha,Yupin Makrudin.
(2012). The defendant’s right to receive state-provided legal aid: A study of Court-Appointed lawyers under Section 173 of the Criminal Procedure Code. Judicial Training Institute.
Anusorn Promdee. (2019). Problems of remuneration for court-appointed lawyers. [Master’s thesis in Law]. Suan Sunandha Rajabhat University. Presented at the 2nd National Research Conference on Humanities and Social Sciences.
Bellamy, C. (2021). Independent review of criminal legal aid. UK Ministry of Justice.
Blackstock, J. (2010). Giving legal advice at police stations: Practical pointers. John Scott, Solicitor Advocate.
Brooke, H. (2017). The history of legal aid 1945-2010. The Bach Commission.
Chawalit Attasat. (1996). Court-appointed lawyers and honorarium. Lawyers Council Journal,5(22), 59-61.
Cheep Chulamon. (2013). Human rights in the criminal justice process: The right of suspects and defendants to receive state-provided legal aid. Individual report for the Rule of Law for Democracy Executive Training Program, Class 1, Constitution College, Office of the Constitutional Court.
Chiraniti Hawanon. (2008). Legal profession principles: LW438 (8th ed.). Ramkhamhaeng University Press.
Dueanrung Hantheerachaikun. (2004). The system for appointing defense counsel for criminal
defendants. [Master’s thesis, Faculty of Law]. Dhurakij Pundit University.
Egerton, R. (1948). Legal Aid in England. Canadian Bar Review, 26 (6), 950-951
Helena Whalen-Bridge. (2017). Student Pro bono and The NUS faculty of law. Singapore Journal of Legal Studies, 329-344.
Hodgson, J. (2015). The role of lawyers during police detention and questioning: A Comparative Study. University of Warwick School of Law.
Ho Hock Lai. (2014). Recent (Non-) Development in an Arrested Person’s Right to Counsel. Singapore Journal of Legal Studies, 267-284.
Jidapa Pornying & Prateep Thubattanon. (2022). Introduction to criminal justice systems in ASEAN countries. Krungsiam Publishing.
Kanjanittitra Harirak. (2017). Volunteer lawyers and career advancement. [Independent study, Master of Political Science]. Thammasat University.
Kemp, V. (2018). Effective Police Station Legal Advice-Country Report2: England and Wales. School of Law, University of Nottingham.
Kemp, V. (2020). Written evidence to Parliament. House of Commons Justice Committee, UK Parliament.
Krongthip Kamyarat. (2015). The right to legal assistance in criminal cases: A study of the problems of court-appointed lawyers and the implementation of a public defender system. [ Master’s thesis]. Siam University.
Kundasut Arunsuda. (2020). Supreme Court rulings on unlawful investigations. [Master’s thesis, Faculty of Law]. Thammasat University.
Latham & Watkins LLP. (2015). Pro bono practices and opportunities in Singapore. Law Firm Report, Latham & Watkins LLP for the Pro Bono Institute.
Lawyers Act B.E. 2528 (1985). (1985, September 10). Royal Thai Government gazette. No.102 Chapter 129 Gor. p. 1.
Ministry of Law, Singapore. (2022, April 4). Annex A - Ministerial statement on the establishment of a Public Defender's Office by Mr. K. Shanmugam, Minister for Home Affairs and Minister for Law. https://www.mlaw.gov.sg/news/parliamentary-speeches/2022-04-04-ministerial-statement-on-the-establishment-of-a-public-defenders-office-by-mr-k-shanmugam-minister-for-home-affairs-and-minister-for-law/
Namtae Meeboonsang. (2023). Comparative criminal justice process.Winyuchon, Duantula Press.
Narong Jaiharn, Khanueng Lueachai, Kittipong Kittayarak, Natthee Chitsawang, Prathan Wattanavanich, Sern Punnahitanon, Surasak Likhitsuwatthanakun, Thammachai Saengsayo. (1997). A Research Project on the Rights of Suspects, Defendants, and Convicted Persons in Criminal Cases. Submitted to the Law Development Fund, Office of the Council of State, Office of the Prime Minister.
Natcha Kittiyakanon. (2022). Legal aid: A study on improving the quality of appointed defense lawyers in Thailand. [Independent study for Master of Laws in Criminal Law]. Thammasat University.
Nattarat Jommanee. (2015). Problems in appointing lawyers for suspects or defendants in criminal cases. [Master’s thesis, Faculty of Law]. Kasem Bundit University.
Office of the Attorney General, Institute of Criminal Law. (1997). Encyclopedia of International Justice Processes. Office of the Attorney General.
Peter Hungerford-Welch. (1998). Criminal Litigation and Sentencing (4th ed.). Cavendish Publishing Limited.
Phumindr Butrin. (2013). Reforming Thailand’s justice system.Office of the National Reform Council (ONRC).
Qulrk, H. (2013). Twenty years on, the right of silence and legal advice: the spiraling costs of an unfair exchange. Northern Ireland Legal Quarterly, 64(4), 481-483.
Sa-ard Hommanee. (2016). Problems of legal aid provided by court-appointed lawyers. Sripatum Chonburi Academic Journal, 12(6), 4.
Sahas Paiphak. (2016). Legal issues concerning the improvement of efficiency in Thailand’s court-appointed lawyer system for criminal cases. Research funded by North Bangkok University.
Sanders, A. & Young, R. (2000). Criminal Justice (2nd ed.). London.
Santipong Kumansing. (2020). A model law on public defenders for the protection of the right of access to justice in criminal cases. [Doctor of Laws thesis, Faculty of Law]. Sripatum University.
Santiphong Kumansing. (2021). Public lawyers and the protection of access to justice in civil cases. Journal of Social Sciences for Local Development, Mahasarakham Rajabhat University, 5(4), 220-226.
Stone, R. (2002). Textbook on Civil Liberties and Human Rights (4th ed.). Oxford.
Sukhothai Thammathirat University. (2022). Advanced comparative justice administration(6th ed.). Coursebook, Units 1-5, Graduate Program in Law. Sukhothai Thammathirat University Press.
Suwipa Khunkitti. (2016). A study to develop a conceptual framework for improving the court- appointed lawyer system through the establishment of an organization. Office of Justice Affairs.
Tan, K. B. EUGENE. (2019). ASEAN Intergovernmental Commission on Human Rights (AICHR) Thematic Study on Legal Aid. Singapore Management University, Institutional Knowledge at Singapore Management University, Research Collection Yong Pung How School Of Law.
Terrill, R. J. (2024). World Criminal Justice Systems: A Comparative Survey (10th ed.). Routledge Publishing.
Thanachot Phetcharhan. (2020). Problems and obstacles regarding appointed lawyers during the arrest stage by police officers under Section 7/1 of the Criminal Procedure Code: A case study in Chiang Rai Province. [Independent study submitted for Master of Laws].University of Phayao.
Uthis Suphap. (2023). Development concerning the duties of court-appointed defense lawyers in criminal cases. Thammasat Law Journal, 52(4), 42-43.
Waleed Haider Malik. (2007). Judiciary-Led Reforms in Singapore Framework, Strategies, and Lessons. The International Bank for Reconstruction and Development / The World Bank.
Worawong Atcharawongchai. (2014). The legal system of the Republic of Singapore. Dulapaha Journal 61(2), 37-65.
Wut Pitakthanin. (2012). Problems of the Appointed lawyer system in criminal cases: A case study of Ratchaburi Provincial Court. Executive Judge Training Program, Class 10. Judicial Training Institute.