Restorative Juvenile Justice System in the Southern Border Thailand

Abstract

This research aims to study the rehabilitation of a child and juvenile before the prosecution by applying restorative justice. For the research methodology, the methods used to collect data are in-depth interviewing of judges, officers of the Juvenile and Family court, officers of the Observation and Protection Center, and the chairman of the community justice center. Moreover, the data is gathered1 by group conferences from the representatives of the community justice center, a child and juvenile from the Observation and Protection Center in Songkhla, Pattani, Yala and Narathiwat provinces. These collected data are analyzed through the research process for finding the research result. Based on the research, it is found that when a child or juvenile commit crimes, there is the restorative justice diverting a child and juvenile into the rehabilitation rather than entering into formal justice. This process is called the special measures in lieu of criminal prosecution, which is the alternative approach for a child and juvenile by using the rehabilitation for a child and juvenile who can reform themselves without prosecution under the law's provisions. The rehabilitation has the objectives to rehabilitate a child and juvenile's behavior, mitigate an adverse effect or damages occurred and ensure safety for the community and society. Such process supports cooperation with the community sector. For this reason, members of the community justice center could participate in preparing the rehabilitation plan together with the government sector. They could supervise and prevent a child and juvenile from committing offence again.