LEGAL PROBLEMS REGARDING THE LEGAL COUNSEL OF CHILDREN OR YOUTH

Abstract

The study of legal problems regarding the legal counsel of children or youth, is the study of definitions, terms, meanings, patterns, methods and characteristics of the current relevant laws, together with the study of the rules and measures of the existing laws in accordance with the Juvenile and Family Court Act and the Juvenile and Family Litigation Procedure of 2010.   Lawyer Act 1985, Lawyer Council Regulations 1986 regarding the lawyer  ethics and the Supreme Court's Regulations on training, regulations of law advisors.  Registration and deletion of names from the account of 2013,   and the covenant of other relevant laws, as well as the authority of various agencies related to legal counsel of children or youth. Also, a study of foreign laws related to the covenant of legal counsel for children or youth.          It is found from the study that there are many problems with the legal counsel of children or youth as followed: First, measures to enforce the ethics of the legal counselors for children or youth, no punishment measures have been imposed concerning performing the duties of legal counselor in participating together with the inquiring officers. If not participating in the investigation, it will affect the prosecution of the prosecutor. Although there is a solution by submitting the reason of not being able to participate in the investigation as required by law, and shall be considered as an investigation by the inquiry officer, summarizing the statement given, proposing to be checked according to the procedure at each level, to be able to send to the prosecutor to file a lawsuit.  In which case if the public prosecutor does not accept the statement given, due to not having any legal advisor appointed by the Juvenile and Family Court, the prosecutor shall return the case to the inquiry officer, which would have an affect on the length of time needed by the prosecution of the inquiry officer and the public prosecutor, respectively.  Second, the process of investigating the arrest of the court concerning the legal counsel of the child or youth is just a measure set up only to support the children’s or youth’s rights but there is no comprehensive process under the Convention on the Rights of the Child and the Juvenile and Family Court Act 2010, especially the right of confidentiality and the assistance from the legal counsel of the child or the youth. Third, concerning inquiring the children or youth according to the 2010 the Child and the Juvenile and Family Court Act, when there is no punishment measures have been imposed concerning performing the duties of legal counselor in participating together with the inquiring officers.  Fourth,  the problem of  knowledge, ability, and opportunity in the work of the legal counsel of the child or the youth are not fully resolved and there is no law to clearly specify the authority and duties of the operation in counseling for children or youth.  Fifth. there are no regulations indicating the criteria or persons involved in the procedure of appeals concerning the duties of a child or youth legal counsel nor the right to dispute the performance of a child or youth legal counsel.  As seen from the above mentioned problems, it is of the researcher’s opinion that it is important and necessary to make a research on the legal issues and problems related to legal advisors in accordance with the relevant laws and regulations in order to lead to find further solutions to the problems in the future.