Section 30 — Court's power to maintain order
Statutory text (Thai original)
ให้ศาลมีอำนาจออกข้อกำหนดใด ๆ แก่คู่ความฝ่ายใดฝ่ายหนึ่งหรือแก่บุคคลภายนอกที่อยู่ต่อหน้าศาลตามที่เห็นจำเป็น เพื่อรักษาความเรียบร้อยในบริเวณศาล และเพื่อให้กระบวนพิจารณาดำเนินไปตามเที่ยงธรรมและรวดเร็ว อำนาจเช่นว่านี้ ให้รวมถึงการสั่งห้ามคู่ความมิให้ดำเนินกระบวนพิจารณาในทางก่อความรำคาญ หรือในทางประวิงให้ชักช้าหรือในทางฟุ่มเฟือยเกินสมควร
English translation
The court has the power to issue any directions to any party or to a third person present before the court, as it deems necessary, in order to maintain order within the court precincts and to ensure that the proceedings are conducted fairly and expeditiously. Such power includes ordering a party not to conduct the proceedings in a manner that causes annoyance, or in a manner that is dilatory and causes delay, or in a manner that is unnecessarily extravagant.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 30 confers the court's general power to keep order in the courtroom and manage the conduct of proceedings, directed at parties and at third persons present before the court. It expressly reaches conduct that is annoying, dilatory, or unnecessarily extravagant. This provision is the predicate for contempt of court under Section 31(1): disobeying a direction issued under Section 30, or behaving improperly in the court precincts, may constitute contempt, which is then punished under Section 33. The power is significant but bounded; an order is only proper where it genuinely serves order or the fair and speedy conduct of the case.
Why this matters in practice
For litigants and their lawyers, Section 30 sets the boundaries of acceptable conduct in court. Disobeying a proper direction, or acting disruptively in the court precincts, risks contempt of court under Section 31(1) and punishment under Section 33. At the same time, the court's power is not unlimited: an order barring a party from proceeding is improper where the conduct was not actually annoying or dilatory. If you believe a control order against you was wrongly made, it may be challengeable. Understand the ground rules before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1715/2548 (2005)
Section 30 empowers the court to issue directions to maintain order and to prohibit conduct that causes annoyance or delay; improper behaviour in the court precincts can constitute contempt under Section 31(1) in its own right, without a prior Section 30 order being required.
The accused threatened a witness in the court precincts before the witness testified, which the Court held to be disorderly behaviour amounting to contempt of court. The Court rejected the argument that contempt under Section 31(1) always requires a prior direction under Section 30, explaining that Section 30 concerns directions the court issues to maintain order, while disorderly behaviour in the precincts is punishable in itself.
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Supreme Court Judgment No. 5346/2547 (2004)
A direction barring a party from further proceedings is improper under Sections 30 to 33 where the party's conduct did not in fact cause annoyance or delay.
The Court held that the plaintiff's conduct was not proceeding in a manner that caused annoyance, so the labour court had no power to refuse the plaintiff's motion, and its order prohibiting the plaintiff from further proceedings did not accord with Sections 30 to 33. The plaintiff was entitled to appeal that order.
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Supreme Court Judgment No. 8912/2551 (2008)
Where an accused gives an interview and causes prohibited material to be published in breach of a direction, the court may punish contempt under Section 31(1) read with Section 30, imposing penalties under Section 33.
The accused admitted giving the interview and causing the images to be published as charged. The trial court found contempt of court under Section 31(1) read with Section 30 and imposed imprisonment and a fine under Section 33, with the imprisonment suspended given the accused's clean record and settled occupation.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What power does a Thai court have to control conduct in the courtroom?
Under Section 30 the court may issue any directions it deems necessary to parties or third persons present to maintain order and keep the proceedings fair and quick, including barring conduct that is annoying, dilatory, or unnecessarily extravagant.
What happens if I disobey a court direction under Section 30?
Disobeying a proper direction under Section 30, or behaving improperly in the court precincts, may amount to contempt of court under Section 31(1), which is punished under Section 33.