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Procedures Regulations (Prisoners' Petitions), 1980 Print E-mail

By the authority vested in me under Section 46 of the Courts Law, 1957, and the other authorities accorded to me under any law, I hereby institute the following regulations:

Definitions

1. In these regulations –

"Petition" – a prisoner's petition under Article 62A of the Prisons Ordinance [Combined Version], 1971;

"The court" – the district court in whose area of jurisdiction the prison where the petitioner is being held is located.

Submitting a petition    

2. (A) A petition should be submitted to the court in writing, with sufficient copies for the court and all of the respondents; it should cite the identity number of the petitioner and the arguments on which it is based.

(B) An affidavit should be attached to the petition in order to verify the facts on which it is based.

Court sessions      

3. The court is entitled to sit in judgment over a petition, in its entirety or in part, at a prison located in the court's area of jurisdiction or at another facility belonging to the Prison Service which is situated adjacent to the prison as noted, if it deems it in the interest of justice or an efficient hearing to do so.

Hearing of the appeal    

4. (A) The petition should be heard in the presence of the petitioner and the respondent or their representatives, at a date determined by the court, and the court is entitled to order the respondent to submit a response in writing, with or without an affidavit, within a period of time ordered by the court.

(B) A response in writing should be in sufficient copies for the court and all of the petitioners.

Interim orders                 

5. The judge or – when the court sits in a panel of three – the presiding judge, is entitled to issue, cancel or revise interim orders, as he deems appropriate in accordance with the circumstances of the case.

Procedure in absence of directives    

6. In all matters of procedure that are not defined in these regulations, the court will proceed in a way that it deems to be most efficient for a just and rapid ruling.

Appeal with approval and appeal             

7. (A) A request for the right to appeal a decision of the court should be submitted to the Supreme Court within 15 days of a decision issued in the presence of the petitioner, or from the day the decision is delivered to him if it was not issued in his presence.

(B) The request should be submitted in writing, in a sufficient number of copies as noted in Regulation 2(A) and it should detail the arguments on which it is based.

(C) Once the request is submitted to the Supreme Court, it is entitled to hear it as if approval has been granted and the appeal has been submitted.

(D) The Supreme Court is entitled to rule on the appeal based on written summaries, even without oral arguments.

The court's recess will not be included in the count        

7A. The court's period of recess will not be included in the calculation of days defined in these regulations, or that were defined by the court or the registrar, unless the court or the registrar, according to the case, has ordered otherwise.

Commencement of validity

8. These regulations will enter effect on September 5, 1980.

 

August 18, 1980 

Moshe Nissim

Minister of Justice

 
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