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court officer recommended that the Office of the Judiciary draft a law
empowering court officers with the power to arrest. Court officers also
complained about the equipment.
Accused who sat for interviews praised the project for letting them
continue their normal life while awaiting trial. Some pointed out that EM
could function as a deterrent, a reminder not to reoffend. Not surprisingly,
they criticized the size of the device as too big. On the issue of making the
accused pay for the cost of EM, the majority of interviewees felt there should
be no cost for accused who avail themselves of EM bail, while some thought
that it was acceptable to charge some but not all of the true cost.
The report concluded that as the project was successful in providing
poor accused a chance to get bail at reasonable cost and with ancillary
benefits to society, the government should not charge an accused for the cost
of EM. The report recommended the Office of the Judiciary to reduce the
size and improve the durability of the devices and establishing a special unit
within the judiciary tasked with a responsibility to arrest absconders.
VI. The Future of Thailandûs EM Bail Project
At the time of writing this article, the Office of the Judiciary had
already started the second year of its EM bail project. As in 2018, 5,000 EM
devices will be distributed to 164 courts across the country, but this time the
company offers a smaller and lighter device. It seems that the Office has tried
to respond to the opinion and recommendations included in the self-evaluation
report. Another development that could make Thai judges more comfortable
using EM as a bail condition is the fact that in February 2019 the National
Legislative Assembly approved the Court Marshal Bill. Once this Bill becomes
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