QUALIFICATIONS OF LEGAL COUNSEL IN CHILD AND JUVENILE CRIMINAL LITIGATION

Abstract

The objective of this independent study was to examine the qualifications of legal counsel in child and juvenile criminal litigation by considering 1) lawyer’s age who would act as legal advisor, 2) expertise in juvenile offences, 3) experience of being in close contact with children and youth. This study was a qualitative research by analyzing documents, concepts, theories, and legislative measures to qualify legal counsel in juvenile criminal proceedings.

               The study results indicated that regulations of President of the Supreme Court on training legal counsel code of conduct, registration and deletion of name from an account B.E.2556 about qualification of legal counsel in juvenile criminal proceedings found that 1) there was no minimum age requirement for lawyer to act as legal counsel which would result in the circumspection of litigation, 2) there was no provision for a legal counsel to have expertise in juvenile crime case for knowledge and understanding of the trial, and 3) there were no restrictions on the experience of being close contact with children and youth, or had had children or had been raising children, or used to work in the welfare or protection of children and youth.

               Therefore, it was proposed to amend the regulation of the President of the Supreme Court regarding the training and practice of legal counsel, the registration and deletion of names from the account B.E.2556, No.12 applicants for the training must have qualification and not have any prohibited characteristics as following : (6) age not less than 35 years on the date of enrollment for the training, (7) has expertise in criminal cases having passed at least 20 criminal cases, (8) have or have had children or have been raising children or have worked in child and youth welfare or welfare protection.