The first 48 hours after an arrest in Thailand
What happens between the police station and the first court appearance, what a detained foreigner may demand, and the mistakes that are hardest to undo.
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- First Call editorial
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Most people read this page on behalf of somebody else — a partner, a son, a colleague who called once from an unknown number and has not called since. Here is what happens next, and what can usefully be done about it.
The clock starts at the arrest
Thai police may detain a person and take them to a station for the record to be drawn up. From that moment a limited period runs, after which the police must bring the detainee before a court and apply for detention.
The court then grants custody in twelve-day blocks. On serious charges those blocks are extended more than once. That is the reason bail is raised at the first appearance rather than saved for later.
What the detained person may demand
- To be told what they are suspected of, in terms they understand.
- To remain silent, without that silence being treated as evidence.
- An interpreter whenever a document is being created.
- A private meeting with a lawyer before questioning.
- Notification of relatives and of the consulate.
- Medical attention, and a record of any injuries.
None of this requires anyone's permission. All of it is routinely skipped when nobody asks.
The three expensive mistakes
The first is signing a document in Thai to make things move faster. That document is very often the admission that the rest of the case is built on.
The second is explaining the situation to the police without counsel, in the belief that being open will help. What ends up in the record is not the explanation but a sentence extracted from it.
The third is trying to arrange a private payment. That converts one case into two, and the second is frequently the more serious.
What a consulate can and cannot do
A consulate can confirm identity, visit, pass a message to the family and check that the detainee is being treated properly. It does not appoint lawyers, does not pay bail and does not influence the court.
Instructing from abroad
Engagement, payment and a power of attorney can all be arranged remotely, with the attorney attending the same day. In practice most first calls come from a relative in another country, several time zones away, working from a two-minute phone conversation and a place name.