Perception and Attitudes of the Alleged Offender or Defendant towards the Provisional Release Process

Abstract

The objective of this research was to examine the perception and attitudes of alleged offenders or defendants towards the provisional release process. The study employed a mixed-method approach, utilizing quantitative data collection via questionnaires and qualitative data collection through in-depth interviews. The participants included alleged offenders and defendants undergoing investigation, trial, and appeals processes, both those who have been granted provisional release and those who have not, totaling 482 individuals. The research findings indicated that Thailand's provisional release process must require a formal request rather than being an automatic rights. Most alleged offenders or defendants were informed about the provisional release process and their rights through documents, public media, and lawyers. However, some alleged offenders or defendants, have not applied for provisional release despite being entitled to it by law, due to a lack of awareness and understanding of their rights to apply for provisional release, and the use of electronic monitoring (EM) devices during provisional release. The procedures involved in the provisional release process. Additionally, the execution of the provisional release process was heavily reliant on financial status as a risk control measure. This reliance on financial guarantees prevented certain groups of alleged offenders or defendants from accessing the process due to financial constraints. In cases of provisional release, it was requested but the court might deny the process. Some alleged offenders or defendants did not receive the communication or explanation regarding the denial of their provisional release, which affected their perception and attitudes towards the provisional release process. Therefore, there should be the improvement of communication processes to enhance awareness. It could improve the level of accessibility and confidence in the justice system among the public.