Guidance

Information pack for British nationals arrested or detained in Thailand

Updated 9 August 2023

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.

Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Thailand and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)

• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

British Embassy Bangkok
Consular Section
AIA Sathorn Tower, Floor 12A
11/1 South Sathorn Road, Sathorn
Bangkok 10120

Telephone +66 (0) 2 305 8333

Use our online contact form for Consular enquiries.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000. If you are in Thailand call, +66 (0) 2 305 8333.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Thailand, notification by the authorities to the embassy normally takes place within 24 hours but sometimes takes several days after arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters. Also see Legal assistance: lawyers and legal aid section for further details.

• provide general information about the country, detention conditions, and the local legal system

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone/letter/video call. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services are not available, we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention

• help you get special treatment because you are British

• offer legal advice, start legal proceedings or investigate a crime

• pay for any costs because you have been arrested

• forward you packages sent by friends or family

• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Thailand.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Thailand

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Thailand for the latest information on safety and security, entry requirements and travel warnings.

Consular staff will contact the prison to arrange clearance for visits by family members and friends. Please note some prison authorities may refuse non-relatives. Most prisons permit a small group of relatives visiting at the same time. It is advised that visitors give as much notice as possible when wishing to arrange a visit. They will be required to supply copies of their passports. They may also be asked to provide evidence of their relationship with you.

Some prisons in Thailand now provide the option for family abroad to have video call with prisoners in prison. The Embassy can facilitate the registration process with the prison.

Please bear in mind that all prisons vary and visiting regulations and what prisoners can bring to you, are subject to change by the authorities at any time. Therefore, it is essential that you check visiting regulations with the prison or a Consular officer prior to arranging any visits.

The number of visits allowed by family and friends varies between prisons. Consular staff can check how many visits are permitted.

What to expect when you visit

You should take identification with you, such as your passport. When you arrive at the prison, you may be asked to undergo a security search and the prison will ask you to keep your belongings in a small locker. It is advisable to bring your own padlock as some prisons do not provide locks. You are not allowed to bring mobile phone, camera and electrical devices into the visiting area.

Normally, visits involve talking through a partition or grill and sometimes using a telephone to communicate. Visit duration can last from ten minutes to two hours depending on the prison Director and the guards. In prisons where foreigners are held, “contact‟ visits may be allowed but usually only once or twice a year. A contact visit means you can sit either side of a table during the visit, however, prison guards will usually remain present.

What you can take on your visit

There are strict rules on what can/cannot be brought into the prison and regulations may vary from prison to prison. Prior approval is usually required, items such as books and magazines may be allowed but must follow prison rules. Items such as toiletries and food normally are not allowed to be deposited by family as prisoners can purchase them from the prison shop within the main prison building. It is suggested to deposit money into prison account rather than bringing items from outside.

Visits: consular staff

The role of Consular staff is to support you and take an interest in your welfare. We are non-judgmental and treat all prisoners in the same manner no matter what crime you are detained for, whether you are on remand or have been sentenced.

We will visit you as soon as possible when you are first arrested, then when necessary thereafter. Visits are usually in person but can be via video call dependant on your location or restrictions at a specific prison. We can keep in touch with you between visits by letter if you wish. During the visits you will have the opportunity to discuss any health issues, security concerns, your treatment whilst in detention, and any other general issues that you wish to raise with Consular staff. If you are sick or need to report something significant to us and require urgent assistance please ask the prison authorities to contact us.

After each Consular visit, our staff will complete a visit report, which will be disclosed to your next of kin, or designated contact, if you have agreed we may do so. If there is any particular information which you do not wish to be shared you can advise Consular staff of this during the visit.

You can write to us at any time on matters that concern you but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf. If you write to us, use the address below.

British Embassy Bangkok
Consular Section
AIA Sathorn Tower, Floor 12A
11/1 South Sathorn Road, Sathorn
Bangkok, 10120

Emergency trips outside of prison

The only visits that are permitted outside of the prison are usually for emergency hospital treatment. This is not counting court appearances. The Department of Corrections do not permit prisoner’s release to attend funerals.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

An arrest leads to detention in police cells. Dependent on the nature of the offence and the availability of bail, you can expect to spend up to 12 days detained in police cells.

Your personal belongings are likely to be stored in a locker and you will not have access to them whilst in your cell, including your mobile phone. You will be provided with food and water but no bedding is provided. Depending on location, police cells can be overcrowded.

The rights of the accused are set out in the Thai Criminal Procedure Code, which also covers prisoners and detainees. Some of the basic rights, as understood by the British embassy, are explained below. Please consult your lawyer for further clarification and understanding of your rights.

You will be interviewed by the arresting police officer. Thai law requires the investigation be conducted in the Thai language. If there is a need for English translation, the investigating officer should provide an interpreter. This will be free of charge, in some locations translation may be provided by a third party, such as the Tourist Assistance Centre. If translation has not been provided you should inform the embassy.

Under Thai law, an alleged offender who is taken into custody or detained has the right to notify a person of their choice, or request that a person of their choice be notified, of the arrest and the place of detention at the first opportunity. In addition, the alleged offender has the right:

• to decide whether or not to answer police questions. If a statement is given, answers can be used as evidence in a court of law

• to have a lawyer or someone they trust listen to police questioning

• to meet or consult with a lawyer privately. If you cannot afford a lawyer, the court may appoint one on your behalf but only in cases that carry a sentence over 10 years

• to receive reasonable visits from or contact with relatives

• to receive medical attention quickly if sick

The embassy understands there is no formal legal aid process in Thailand and only a small number of lawyers provide pro bono services.

The police investigating officer should inform you as to why you have been arrested including the facts concerning the alleged offence and of the charges. Requests for you to make further telephone calls will be at the discretion of the investigating police officer.

If your rights are not complied with, you, your lawyer or another representative can make a complaint. There are three possible options.

1. by post, telephone or online to the Department of Corrections
2. filing a police report or file a case directly with the criminal court
3. file a complaint with the Office of the Ombudsman or the Office of Public Sector anti-Corruption Commission (PACC), by email at [email protected] or online

Appearing at court

You will usually be taken to court about 3 days after arrest. The initial hearing is where a judge decides whether you should be remanded in custody.

If you are granted bail, your passport might be kept by the court as a condition of your bail in order to prevent you from leaving the country.

If not granted bail, you will be remanded in custody and moved to a prison. You will be required to appear in court every 12 days for further remand hearings. The prosecution has a total of 84 days from the date of first arrest to submit their case to the Public Prosecutor.

For more information read the Thailand judicial system section.

Initial arrival at the prison

In most prisons new arrivals are placed in a holding/quarantine building or cell. Any belongings that are not held as evidence or as part of the investigation will usually be sent to the prison, if there is sufficient space to keep them there.

Unfortunately, it is not unusual for some belongings to go missing during a prison transfer or at the time of arrest. The British embassy cannot store personal belongings on your behalf. The only property we can keep for you are your passport and driving license, however, these are usually retained at the court until the end of your sentence. Please note that your passport might be kept by the court as evidence of the alleged crime.

You will have a general interview, health assessment and body search during your arrival at the prison. If you have existing medication these will be inspected and require approval from the prison authorities before use. See Medical and Dental treatment section for further information.

You will be required to wear a uniform whilst in prison, although on occasion this rule is relaxed, for example at weekends. Uniforms may identify a prisoner category, for example, a brown uniform for people on remand and a blue uniform for convicted prisoners.

You will be informed of prison regulations and rules in respect to the conduct of prisoners as well as your rights. See Rules and regulations (including drugs) section for further detail. You will not have a right to make a telephone call upon arrival but embassy consular staff will contact you to explain how you can communicate with, or have visits from, family and friends.

Prison: conditions and daily life

Overcrowding in Thai prisons is a serious issue and therefore you cannot expect to be incarcerated in a single cell. You are likely to have prisoners sleeping next to you in very close proximity. The term “shoulder to shoulder” is often used. Whilst prison cells usually contain a mix of nationals, there is no guarantee other English speaking nationals will be housed in the same cell or building.

Access to money will make things easier within a Thai prison. For example you may need to pay for your own bedding or mattress if available.

Reports on general prison conditions

• The International Federation for Human Rights (FIDH) 2022 report

• US Department of State 2022 Country Reports on Human Rights Practices: Thailand

Accommodation

Overcrowding in Thai prisons is common place. Most cells in Thai prisons contain between 5 and 100 prisoners. A typical cell, particularly in the Bangkok prisons would be approximately 10 metres x 5 metres and could contain 50 or 60 prisoners.

There are no beds, prisoners instead sleep on a thin mattress, with a small blanket with towels converted into makeshift pillows.

Typically there are no wash facilities in the cells but there is a toilet in each room which is normally a hole in the floor with a small trough or bucket of water for cleaning. There is usually access to running water and cells have electricity and natural light.

Sentenced prisoners and those on remand are not kept separately.

Food and diet

The food ration for all foreign prisoners in Thailand usually consists of 1 bag of cooked rice weighing 800 grams and one Thai side dish twice per day. Food portions are not calculated on a calorie based system. Whilst special diets maybe available for religious reasons, access to other diets will be limited. Drinking water is generally available from water dispensers.

Depending on personal choice and the food available from your prison, you may need to supplement your diet in order to remain in good health. Extra food and bottled water are available but must be paid for. There is a shop within all prisons but prices are considerably higher than outside of the prison.

You may be able to purchase vitamin supplements but in some prisons you will require a doctor’s prescription.

Hygiene

Toiletries are not provided by the prison authorities, you will be expected to purchase items from the prison shop. Consular staff will try to bring you an initial basic hygiene pack when they first visit you.

Basic communal showers are provided for prisoners, some prisons restrict the time you can access these but usually there is no limit for the number of showers that are permitted in a day. Sometimes prisons experience water shortages and this may impact on prisoner hygiene.

Typically there are no wash facilities in the cells but there is a toilet in each room which is normally a hole in the floor with a small trough or water bucket for cleaning.

Work and study

Generally there is no work available within Thai prisons for foreign prisoners, although some British nationals have reported that unpaid jobs are available e.g. in the kitchen or clinic. In some cases, if you are finding it difficult to arrange yourself, you may need the help of Consular staff who will try their best to help.

Formal educational programs are offered in several courses and levels but are usually restricted to Thai national prisoners. The ability for non-Thai prisoners to study varies with each prison, ask your prison what options are available. In some this may be limited to learning the Thai language. If you have the funds to pay for learning materials, Consular staff will try to provide them. There is also the possibility of funding for education courses through Prisoners Abroad. If you are interested, you should write to them for further information.

Contact and languages

Prisoners are locked into their cell around 4 pm each day and are not permitted outside until about 6 am in the morning. During the daytime hours there is a general mixing of prisoners in the prison communal areas.

Some prisons tend to allow British prisoners to stay together in the same cell / room, but others separate foreign prisoners from each other.

Few Thai prisoners or guards are able to speak English, so it is a good idea to learn some Thai. Knowing the local language will help you to understand what is going on, communicate your needs and also ease the boredom of prison life.

Some prisons have communal televisions which can only be accessed during specific times of the day. Exercise and some sporting activities are usually offered in Thai prisons.

Prisoners are not allowed to access phones and internet in prison. Most prisons in Thailand allow prisoners to have at least one video call a month. They usually only allow prisoners to contact their immediate family. Prisoners can write and receive letters. Some prisons can allow prisoners to receive emails from family.

Whilst some prisons have a library they are unlikely to stock books in English. Your friends and family can send you books, magazines and newspapers but these must be approved in advance by the prison. As some prisons will ask the embassy to provide a letter to accompany book, you should speak to consular staff before making arrangements for publications to be sent to you from outside.

You can request reading material through the post from Prisoners Abroad (including language textbooks, dictionaries and fiction). The embassy has a small stock of books and consular staff may be able to provide you with up to three books each time they visit you.

Exercise

Prisons in Thailand tend to have large exercise yards where access is permitted during daytime hours. Some prisons do provide supervised exercise classes but there is no extensive programme in most prisons.

Climate

The climate throughout Thailand is hot and tropical with monsoon season rain occurring between May and October. Typical daily average temperatures are in the mid-thirties Celsius.

Uniforms provided by prisons are usually appropriate to the weather conditions in Thailand.

Religion

Different religions are respected by the Department of Corrections which encourages prisons to allow prisoners to practice their beliefs, appointing qualified representatives of each religion to pay visits and hold services. You have a right to attend a religious service if one is provided by your prison and to possess a religious book.

Buddhism is the most widely practiced religion in Thailand and more than 90% of the population are Buddhists.

Rules and regulations (including drugs)

A prisoner handbook (in English), published by Thailand’s Department of Corrections provides foreign prisoners with general information, rules, regulations and guidelines for effectively serving time inside Thai prisons. If prisoners are not able to read, it is the responsibility of the prison to seek alternative options to ensure they are aware of the prison regulations.

As in most countries, there are reports of some drug abuse occurring within the prisons. If you are caught holding or taking drugs, punishment can be severe. If you inject drugs you run the risk of contracting serious blood-borne infections, such as HIV and hepatitis.

Prisons in Thailand use a management and rehabilitation method to encourage good behaviour. You will be assigned a ‘class’ once you have been convicted of a criminal offence. There are 6 classes of convicted prisoners

1. Excellent
2. Very Good
3. Good
4. Moderate
5. Need for improvement
6. Extra need for improvement

Your class determines what benefits and privileges are extended to, or withdrawn from, you. These include the eligibility for royal pardon, good conduct reduction in sentence and parole. Your initial class is dependent on your offence, for example, a person convicted of a murder offence is likely to start at the bottom of the class system. Each prison has a Class Promotion Committee which meets a number of times a year to consider the class promotion of prisoners who meet a criteria set down by the Department of Corrections.

A prisoner who does not follow the instructions of a prison official or who breaks the codes set out in the handbook may be charged with a disciplinary offence. Punishment may include a verbal reprimand, withdrawal of visiting rights (excluding their lawyer), or in serious offences, change in prisoner class, female prisoners being restricted from receiving visits from their children, solitary confinement or a reinstatement of any reduction in prison term.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• Private funds: deposited by your family or friends to your prison account
• Prisoners Abroad: if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Thai prisons do not accept international money transfers. Family or friends can deposit cash in to your prison account directly at the prison. However, as processes differ between prisons, those making payments to you should contact the embassy before making a first payment. You can access funds through a prison account in order to buy items in the prison shop.

In most prisons you will be limited as to how much money you can have in your prison account at any one time, this is usually about 9000 Thai baht.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials, vitamins and some medical care if you are not receiving regular funding from other sources.

Medical and Dental treatment

While you are detained, the authorities in Thailand are responsible for ensuring your basic medical needs are met.

Each prison has a medical clinic or an infirmary providing prisoners with primary health care. The standard of healthcare varies considerably and are poor in comparison to the United Kingdom. Some prisons can provide basic medical treatment and larger prisons have a general hospital.

If you have a medical emergency you should speak to a prison guard as soon as possible.

Poor sanitation, inadequate ventilation, extreme temperatures, lower grade food and people sleeping in close proximity to each other, can allow the spread of infections. Colds and stomach bugs are common, and in recent years there have been reported outbreaks of tuberculosis (TB).

Medical conditions requiring specific drugs or specialised treatments have to be approved by the duty prison doctor, including some vitamin supplements. Not all medication prescribed in the UK is available in Thailand.

Whilst Thai prisons have a small list of drugs that are dispensed without charge, the bulk of medicine will have to be paid for as you are not eligible or covered under the national healthcare scheme. If a prison doctor prescribes medicines that are not dispensed from the prison, consular staff maybe able to purchase these on your behalf but you must have funds to cover the cost. If you are in a prison some distance from Bangkok, it makes sense to keep some money in the prison shop so the authorities can buy medicine for you should you fall ill.

You may be limited to what external medical appointments you are able to attend, such as visiting a dentist or optician. You will have to pay for these yourself and seek approval in advance from the prison, you are unlikely to be able to access private healthcare while in prison as prison will have agreements with a limited number of external medical providers.

In some prisons you may need to undergo a period of quarantine if you leave the prison compound for any reason, including to attend medical appointments.

Dental problems are also common in prisons, and treatment can be very difficult to access.

If you know your prescription strength, consular staff may be able to purchase basic reading glasses for you but you need to cover the cost yourself.

Mental health support is available but varies between prisons. It is dependent on local mental health facilities.

The Foreign, Commonwealth & Development Office liaises with the charity Prisoners Abroad to help subsidise a welfare system which can cover the cost of many minor medicines. Prisoners Abroad also runs a vitamin programme which enables the Embassy to bulk-buy multivitamins for supply to British nationals. These can be deposited for you at the prison on a quarterly basis, however a prescription may be required from the prison doctor.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Please speak to consular staff if you have any difficulty accessing healthcare.

Letters and parcels

There are rules about what you can and cannot receive by post. These will be explained to you when you first arrival at a prison.

In general, you can send and receive letters and are allowed to write in English. There is usually no restriction on the number of letters. You will have to pay for postage of any letter you write.

Consular staff can explain to you and your family/friends if your prison requires a letter to be addressed in a specific way.

As the content of letters are censored by the prison they may be subject to delay as a result. If no member of local prison staff is able to translate letters expect longer delays as they will be sent to the Foreign Liaison Department for translation.

You are unlikely to be allowed to receive parcels and will be encouraged to purchase items from the prison shop. In some prisons books can be sent to you by post but these will need advance approval from the prison. Books can be deposited directly at the prison by family, friends and embassy staff.

The UK charity Prisoners Abroad can provide pre-paid, airmail envelopes upon request, however, usually a prisoner will be expected to purchase stamps from their own funds.

The Embassy does not accept parcels on behalf of British nationals in prison in Thailand.

Telephone calls

Telephone call access, including by mobile phone, is not allowed in Thai prisons.

Most prisons have implemented video calling via the LINE app. Consular staff can check if this facility is available and the requirements to make this available to family members. Some prisons will contact family directly to agree a date and time for the LINE video call, others will provide a time and date in advance. You and your family should be prepared for a long wait as the time given is usually a start time for all calls that day and there is a likelihood some may not happen due to connectivity issues or other factors.

You may be charged with a disciplinary offence if you access, or have on your person, a mobile phone without permission from the prison. See Rules and regulations (including drugs) for more detail.

Making a complaint about mistreatment

You have a right to make written complaint to prison authorities, a mailbox for this purpose is provided in prisons. Anonymous complaints can be made if you have been a victim of a sexual assault perpetrated by a warden or correctional officer.

If your situation is not resolved promptly or has not been handled appropriately, you can insist your complaint is forwarded to the prison director. If you are not able to make a written complaint you can make one verbally to a prison guard.

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Chapter 3: The Thailand judicial system

Overview

Thailand, with its King as Head of State, bases its judicial and legal systems on the Constitution and follows a civil law system. It is loosely based on the British model, the main difference being no juries are used for criminal cases.

The basic rights of prisoners are laid out in the Corrections Act 2017. A Thai language version of the Act is published online by the Legal Affairs Division of the Department of Corrections. The British embassy understands the Act states some practices may vary prison to prison.

There is a 3-tier court system:

• The Courts of First Instance
• The Court of Appeal
• The Supreme Court (the Dika)

The Courts of First Instance are trial courts consisting of general, juvenile, family and specialised courts. All cases commence at a Court of First Instance which consist of:

• The Civil Court and Criminal Courts in Bangkok
• Provincial Courts. Each Province outside Bangkok has at least one Provincial Court whose jurisdiction is both civil and criminal
• District Courts, which have jurisdiction over small cases i.e. civil cases in which the value of the claim does not exceed 300,000 Baht and criminal cases in which the offence carries a maximum penalty of no more than 6 months imprisonment and/or a fine not exceeding 10,000 Baht

Police are responsible for carrying out wide-ranging enquiries in order to compile a case. Once an investigation is concluded, a case is passed to the Public Prosecutor, accompanied by a recommendation on whether or not to take any legal action. The Public Prosecutor decides if a case should proceed to court and, if so, passes the case to the Court.

The trial is a final act of investigation and a judge leads and will ask most of the questions. The rules of evidence are also different from the UK as the court normally considers the evidence presented on the case file.

Verdicts are decided by a panel of judges who will also in turn pass sentence. The court system operates slowly and serious offences, such as murder or complex narcotics cases, could take a year or longer to reach trial stage.

Throughout these stages, you will mainly be remanded in prison unless you have been given bail. The time you spend in detention, from formal arrest, will be deducted from any sentence you are given.

The FCDO cannot interfere with the judicial system. The embassy cannot request your case be expedited on the grounds of your nationality or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

You will be arrested and detained in a police cell after the Royal Thai Police issue a warrant of arrest. Your personal belongings are likely to be stored in a locker and you will not have access to them whilst in your cell, including your mobile phone. You will be provided with food and water but no bedding is provided. Depending on location, police cells can be overcrowded.

The police investigating officer should inform you as to why you have been arrested including the facts concerning the alleged offence and the charges.

You will be interviewed by the arresting police officer. Thai law requires the investigation be conducted in the Thai language. If there is a need for English translation, the investigating officer should provide an interpreter. This will be free of charge, in some locations translation may be provided by a third party, such as the Tourist Assistance Centre. If translation has not been provided you should inform the embassy.

Under Thai law, an alleged offender who is taken into custody or detained has the right to notify a person of their choice, or request that a person of their choice be notified, of the arrest and the place of detention at the first opportunity. In addition, the alleged offender has the right:

• to decide whether or not to answer polices questions. If a statement is given, answers can be used as evidence in a court of law
• to have a lawyer or someone they trust listen to police questioning
• to meet or consult with a lawyer privately. If you cannot afford a lawyer, the court may appoint one on your behalf but only in cases that carry a sentence over 10 years
• to receive reasonable visits from or contact with relatives
• to receive medical attention quickly if sick

Requests for you to make further telephone calls will be at the discretion of the investigating police officer.

After your arrest, the police will notify the embassy, usually within 24 hours but sometimes notifications take several days.

Dependent on the nature of the offence and the availability of bail, you can expect to spend up to 12 days detained in a police cell. You will usually be taken to court within 3 days of arrest for your first remand hearing, after which you could be formally remanded in custody.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers.

How long you can be remanded in custody

You will usually be taken to court about 3 days after arrest. The initial hearing is where a judge decides whether you should be remanded in custody.

If you are not granted bail, you will be remanded in custody and moved to a prison until your verdict.

It is not uncommon that prisoners on remand and sentenced prisoners are kept in the same prison. In general, all prisoners will receive similar rights and access to facilities.

After you are charged

Following the court hearing where you are formally charged, the court will arrange for a “meeting of parties” with both the prosecution and defence to agree trial dates. When you are formally charged those charges cannot change but new charges can be presented with new evidence.

Thai law requires the court proceedings to be conducted in the Thai language. A court will provide an interpreter, free of charge, to assist you during the court hearing. However in most cases a court funded interpreter only provides translation when a court official needs to speak to you directly. Unless you have an English speaking lawyer, you may need to pay the costs of an interpreter yourself if you wish to understand all the proceedings in court.

You will be expected to enter a plea. If you plead guilty, and the charge carries a minimum penalty of 5 years imprisonment, then the court must hear evidence from witnesses. If you plead not guilty, or do not enter a plea, the court is also required to hear evidence from witnesses. The trial dates agreed can be a considerable way into the future, in complex cases this can be up to 2 years.

You are required to appear in court every 12 days for further remand hearings.

The Public Prosecutor has 84 days to submit formal charges to the court for serious offences that attract a prison sentence of 5 years or more, and 48 days for lesser charges that attract a maximum of less than 5 years.

Bail

Bail is rarely granted in Thailand. Your lawyer will advise you on whether you are eligible to apply for bail.

Bail is dependent of the severity of the crime but is at the discretion of a judge after hearing any police objections. Whilst there are minimum bail amounts, the final cost will depend on the offence and your personal circumstances.

With non-serious offences bail is usually paid at the police station immediately after an arrest. In most cases bail is paid to the court, especially if you have already made your first court appearance.

If you do not have enough money to post bail, we can contact friends in Thailand on your behalf, or ask the Foreign, Commonwealth & Development Office (FCDO) in London to contact relatives or friends in the United Kingdom (or elsewhere overseas), who may be willing to help you.

The embassy and the FCDO are not able to facilitate the transfer of bail funds.

If bail is successful, the court usually keeps your passport but you can usually travel domestically within Thailand during this period.

Bail conditions laid down by the police or court, such as residence or police reporting, must be strictly adhered to. Failure to adhere to bail conditions, or failure to attend a scheduled court hearing, will usually result in a new warrant being issued for your arrest and the bail money being forfeited. Similarly, any attempt to leave Thailand could result in re-arrest or the revocation and forfeiture of bail.

If your situation changes whilst on bail and you can no longer support yourself you can forfeit your bail and return to prison.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see a list of English speaking lawyers in Thailand. Some lawyers will ask for a cash advance but all should provide you with an estimated cost for their legal and any other fees.

Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

Although the British embassy cannot give legal advice, start legal proceedings or investigate a crime, we can offer basic information about the local legal system.

If you do not have a private lawyer or are unable to appoint one, the court may provide one for you. Court appointed lawyers are usually limited to when a criminal charge carries a sentence over 10 years but discretion exists for lessor charges. You are obliged to accept a lawyer appointed by the court and can only then change lawyer with the agreement of the court. Lawyers on the court appointed roster often speak little or no English.

Thai law requires the court proceedings to be conducted in the Thai language. A court will provide an interpreter, free of charge, to assist you during the court hearing/trial. However in most cases a court funded interpreter only provides translation when a court official needs to speak to you directly. Unless you have an English speaking lawyer, you may need to pay the costs of an interpreter yourself if you wish to understand all the proceedings in court.

The embassy understands there is no formal legal aid process in Thailand and only a small number of lawyers provide pro bono services.

Trial

Following the court hearing at which you are formally charged, the court will arrange for a “meeting of parties” with both the prosecution and defence to agree trial dates.

If you plead guilty, and the charge carries a minimum penalty of 5 years imprisonment, then the court must hear evidence from witnesses. If you plead not guilty, or do not enter a plea, the court is also required to hear evidence from witnesses. The trial dates agreed can be a considerable way into the future – dates up to 2 years away are not unheard of.

There are certain aspects of the Thai legal system and the trial, which vary significantly from the UK system:

• both civil and criminal trials are conducted by a judge (or a panel of 2 or 3 judges in the most serious cases) sitting without a jury
• all court proceedings are conducted in Thai
• documents in a foreign language must be translated into Thai before they can be used in court. You may have to pay for any translation costs
• affidavits are generally not used
• there is no pre-trial disclosure of documents
• both civil and criminal trials do not take place on consecutive days. Evidence is admitted half a day or one day at a time. The trial can then be adjourned for a number of weeks, or even months, until the next date for admitting evidence. It therefore follows that trials can take a number of months (or longer) to conclude.

Court trials can take place over long periods of time and it is not unusual for witness hearings for the defence and the prosecution being several weeks apart.

Sentences

Sentencing is usually delivered around 30 days after the trial has ended. Sentences vary greatly in Thailand depending on the seriousness of the offence of which you have been convicted.

Certain offences, such as those involving Class 1 narcotics and murder, can incur substantial prison sentences including life or even the death sentence. Your lawyer will be able to assist you further with information relating to sentencing guidelines.

It is not unusual for victim compensation or additional financial penalties to form part of a verdict.

You are likely to face deportation at the UK at the end of your sentence.

Appeals

You are entitled to appeal against your court judgement by making an application to the Appeals Court and then to the Supreme Court.

Applications for appeal to the Appeals Court must be made within 30 days of the date of the decision of the Court of First Instance.

Any further appeal to the Supreme Court must be made within 1 month of the date of the decision of the Appeals Court. It is possible for both parties to request an extension to the 1-month time limit.

Sentences of life imprisonment or death carry a mandatory appeal. Therefore, if you receive a sentence of life imprisonment or death and decide not to submit an appeal, one will be submitted on your behalf.

The prosecution also has the right to appeal against a judgement. If neither side appeals within the time limit, then the judgement becomes final. As the Supreme Court (second appeal court) is the highest court in Thailand and their decision is deemed final in most cases. In some cases, the defendant can make a final appeal by seeking a Royal Pardon. For further clarification on how and when you can appeal a court’s decision, please consult your lawyer.

Reaching the end of your sentence

Reduction of sentence (remission)

Generally, within the Thai prison system, there is some provision for reduction in sentence for good behaviour. Depending on the offence committed, usually prisoners are initially placed in moderate class and can move up or down the class system depending on their behaviour within the prison. Prisoners can therefore receive some reduction in their sentence as a result of maintaining a higher class level. These are usually calculated during Royal Amnesties which occur approximately 3 times in a 2 year period.

Early release

Unfortunately, British prisoners are unable to be considered for early release or parole in Thailand. This is because Thai authorities require guarantees from the embassy that we are unable to provide. However foreign nationals can accumulate “credit days” which can be taken off of the sentence if a prisoner transfers to the UK under a Prisoner Transfer Agreement.

Clemency or pardon

Once you have exhausted the appeals process, i.e. the Supreme Court has passed judgement, the final recourse is to petition His Majesty the King for clemency, via a Royal Pardon. From the embassy’s experience these are granted on very rare occasions.

The process of submitting a Royal Pardon Petition is complex and extremely lengthy. If you are considering submitting an application for clemency please consult your lawyer or speak to a Consular Officer who will be able to explain how to prepare and submit an application.

Financial penalties

It is not unusual for victim compensation or additional financial penalties to form part of a verdict. Financial penalties can be imposed either solely or in addition to a prison sentence. This is especially common with narcotics offences.

Transfer to another prison within Thailand

Requests to transfer to another prison within Thailand are possible. You should make a request directly to the prison in writing setting out why you would like to move. However, there is no guarantee a request would be granted. This also applies to transferring to a different building within the same prison.

Transfer to a prison in the UK

A Prisoner Transfer Agreement (PTA) exists between the UK and The Kingdom of Thailand.

You can make a request for a prisoner transfer in writing directly to the Prison or write to the embassy. The process can take up to a year from the time you are eligible and submit an application.

To transfer to the UK, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• not be awaiting trial
• have exhausted all appeals against your conviction and/or the length of your sentence; or have waived your right to an appeal
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding financial penalties (including fines and/or compensation stipulated by court) or other non-custodial penalties
• have served either 1/3 of your sentence or 4 years. If you were sentenced with life imprisonment, you must have served 8 years before being eligible to apply for the transfer
• the offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

Meeting the criteria does not guarantee an application will be approved. The Thai or UK authorities may refuse a request. This could be for various reasons, including past conduct/behaviour of a prisoner or the prisoner has not lived in the UK for a number of years or has no close family living there.

Release and deportation

In Thailand, it is common practice for foreign nationals who have committed offences to be deported after they have completed their sentence. This will mean that at the end of your sentence you will be transferred from prison and detained for a period of time at an Immigration Detention Centre awaiting deportation. Consular staff will contact you before the end of your sentence to explain the deportation process and the assistance offered by Prisoners Abroad.

There is no formal process to contest deportation. Long-term residents or those with family in Thailand may be able to obtain a temporary release from an Immigration Detention Centre to make any final arrangements before being deported.

No matter where you resided prior to arrest, if you entered Thailand on a British passport, you will be deported to the UK. The embassy cannot intervene and request you return to a third country.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful legal terms

English	Thai
Complaint	การร้องเรียน Kan-rong-rean
Court	ศาล San
Court of Appeals	ศาลอุทธรณ์ San-utt-ton
Court of First Instance	ศาลชั้นต้น San-chan-ton
Deportation	การส่งกลับ Kan-song-klap
Embassy	สถานทูต Sa-tan-tood
Guilty	มีความผิด Mee-kwam-pid
Hearing Session	ขึ้นศาล Keun-san
Innocent	ไม่มีความผิด Mai-mee-kwam-pid
Interpreter	ล่าม lam
Judgement	คำพิพากษา Kam-pi-pak-sa
Lawyer	ทนาย Ta-nai
Police	ตำรวจ Tam-ruad
Prison/Jail	เรือนจำ Reun-cham
Prison officer	เจ้าหน้าที่เรือนจำ Chao-na-tee-ruen-cham
Prison rules	กฎระเบียบเรือนจำ Kod-reun-cham
Prosecutor	อัยการ Ai-ya-kan
Release	พ้นโทษ Pon-tod
Sentence	จำคุก Cham-kook
Sentence reduction	การลดโทษ Lod-tod
Supreme Court or Dika court	ศาลฎีกา San-dee-ka
Telephone call	คุยโทรศัพท์ Kui-toe-la-sab
Visit	เยื่ยม Yeam

Key phrases

English	Thai
Blood Pressure	ความดันโลหิต Kwam-dan-lo-hit
Blood test	ตรวจเลือด Truad-leud
Diarrhoea	ท้องเสีย Tong-sia
Doctor	หมอ Mhor
Fever	เป็นไข้ Pen-khai
Food	อาหาร Ar-han
Headache	ปวดหัว Puad-hua
Hospital	โรงพยาบาล Rong-pa-ya-ban
Meat	เนื้อสัตว์ Nuea-sat
Stomach-ache	ปวดท้อง Puad-tong
Telephone call	คุยโทรศัพท์ Kui-toe-la-sab
Toothache	ปวดฟัน Puad-fun
Vegetable	ผัก Pak
Vegetarian	มังสวิรัติ Mak-sa-wi-rat
Visit	เยื่ยม yeam

Annex

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested or detained abroad
• List of English-Speaking Lawyers in Thailand
• List of Private Translators/Interpreters in Thailand
• Prisoners Abroad Forms
• Department of Corrections: Handbook for Foreign Prisoners in Thai Prisons