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Israeli Domestic Legislation Criminal Procedure Criminal Procedure Law (Powers of Enforcement – Arrest), 1996
Criminal Procedure Law (Powers of Enforcement – Arrest), 1996 Print E-mail

Chapter A: General Provisions

Arrest and applicability

1. (A) There must be no arrest and detention, except under law or by virtue of an explicit authorization therein.

(B) The arrest and detention of a person will be in a manner that ensures maximum protection of his human dignity and rights.

(C) The provisions of this law will apply to arrest and detention under any law, unless different provisions are made in law.

Substantive jurisdiction

2. The substantive jurisdiction to hear any matter with which this law deals resides with -

(1) as long as no indictment was filed - the Magistrates Court;

(2) after an indictment was filed - the court competent to hear the indictment;

(3) in an appeal - the Court of Appeal.

Local jurisdiction

3. (A) Subject to other provisions in this law, the local jurisdiction on a matter with which this law deals resides with the court within whose jurisdiction one of the following occurred:

(1) all or part of the offense, in connection with which application is made, was committed there

(2)  the unit in charge of investigating the offense, in connection with which application is made, is located there;

(3)     the person is under arrest and, because of special circumstances that will be specified, it is not possible to apply to the court in the places stated in paragraphs (1) or (2).

(B)  If application under this law was made to a court on a matter of arrest or release, then that court will continue to hear every aforesaid application within its substantive authority in connection with the same offense, even if local authority is also held by another court, unless one of the following has occurred:

(1)  the previous application related to arrest under said circumstances is under Subsection (A)(3);

(2)  investigation of the offense was transferred to another investigating unit.

Chapter B: Arrest and Release

Article A: General Provisions

Preference for arrest by order

4.  A person's arrest will be by the order of a judge (hereinafter: arrest warrant), unless the authority to arrest without a warrant was conferred by law.

Beginning of arrest

5. A person's arrest begins with one of the following:

(1) if arrested by an order issued by a judge in the person's presence - as the judge announces to him that he issued the warrant, unless the judge set a different time for the arrest;

(2) if arrested by a judge's warrant issued in the person's absence or the arrest is not made by a judge's warrant - when the person who makes the arrest lawfully makes the announcement stated in Section 24 to the person who is about to be arrested, or when an overt act is committed to perform the arrest under circumstances which the law exempts from making the announcement, as stated in Section 24(B)

End of arrest

6. (A) A person's arrest will end when one of the following occurs:

(1)  the arrest period prescribed for him has ended;

(2)  the arrestee is informed by an announcement to the arrestee of a judge's decision or the decision of someone so authorized to announce that the arrest has ended

(3)  if the end of his arrest is conditional - when the conditions have been complied with.

(B)   If the decision to release a person was made in his absence, then he will be informed of it without delay.

Article B: Conditions of Arrest

Place of arrest

7.  An arrestee will be held in a place of arrest under the responsibility of the Israel Police or of the Prisons Service, in a place which the Minister of Public Security declared to be a place of arrest; a declaration under this section will be published in the Official Gazette.

Separation between arrestees and prisoners

8. (A)  Arrestees will be held separately from convicted prisoners.

(B)  Arrestees who have not yet been indicted will be held separately from arrestees who have been indicted, and first time arrestees will be held separately from arrestees who already had been arrested or imprisoned, all to the extent that the conditions of the place of detention make possible.

(C)  Notwithstanding the provisions of subsections (A) and (B), it is permissible not to hold an arrestee separately as aforesaid for reasons of the arrestee's welfare or of the success of the investigation.

Conditions of arrest

9.  (A)   An arrestee will be held under suitable conditions which do not injure his health and dignity.

(B)  An arrestee will also be entitled to all the following:

(1)   to suitable sanitary conditions, to conditions that enable him to maintain personal cleanliness, to medical treatment required to maintain his health, and to suitable supervision, such as a physician may require;

(2)   to a bed, a mattress and blankets for his personal use, and to keep personal effects as will be prescribed in regulations;

(3)   to food in quantities and of a composition suitable for the maintenance of his health;

(4)  to reasonable lighting and ventilation in the cell;

(5)  to a daily walk in the open air - if the conditions of the place make that possible - under conditions and at times to be prescribed by regulations; this right may be restricted for reasons connected with the success of the investigation or with the arrestee's welfare;

(6)  to receive visitors and to maintain telephone communication; an arrestee who has not yet been indicted will be entitled to these only if the person in charge of the investigation confirms that this is not liable to interfere with the investigation.

(7)   to send letters or to receive letters in accordance with the directives of sections 47A through 47D of the Prisons Ordinance [New Version], 1971, with the requisite changes; an arrestee who has not yet been indicted will be entitled to these only if the person in charge of the investigation confirms that this would not harm the investigation.

(C)   An arrestee will keep order and protect property in the place of arrest, keep his cell clean and comply with provisions on the daily schedule and rules of conduct in the place of arrest.

(D)  The arrestees' main rights and obligations in the place of arrest will be posted prominently in the place of arrest.

Shackling of arrestee in a public place

9A.  An arrestee will not be shackled in a public place except in accordance with these directives:

(1) A policeman believes that there is a reasonable fear that the arrestee is liable to do one of the following:

(A) To flee or to assist someone else to flee;

(B) To cause damage to body or property;

(C) To damage or conceal evidence;

(D) To receive or deliver an object that is liable to be used in committing a crime or harming the procedures of the place of arrest;

(2) The arrestee is suspected of, or has been indicted for, a crime under the directives of Section 23(A)5, unless a policeman believes in the circumstances of the case there is no fear as stipulated in subsections (A) through (D) of Paragraph (1);

(3) The police commissioner will define types of arrestees whose shackling requires the approval of a police officer, even if the circumstances stipulated in subsections (1) and (2) exist; a decision under this section can be issued in the orders of the Israel Police as defined in the Police Ordinance [New Version], 1971, and can be issued in the regulations by the commissioner or by a police officer so authorized;

(4)  Despite the aforementioned in paragraphs (1) and (2), a judge is entitled to order an arrestee released from shackling when the arrestee is present in the courtroom.

(5)  In regard to this section, "public place" – a place which the public or part of it has access to.

Restraint and discipline

10.  (A)   If there is suspicion that an arrestee is about to escape or to cause bodily harm or property damage, then reasonable means, including the use of force, may be used against him in order to prevent such escape, harm or damage and to restore order in the place of arrest.

(B)  If an arrestee did not comply with an obligation which he must comply with in the place of arrest, then disciplinary measure may be taken against him after he was given an opportunity to state his arguments before the commander of the place of arrest; in this subsection, "disciplinary measures" - one or several of the following: denial of the arrestee's right to keep objects, denial of his right to have visitors; denial of his right to send letters or to communicate by telephone; or keeping him in isolation in the place of arrest for a period of not more than 7 consecutive days.

Regulations

11.  The Minister of Public Security is entitled - with approval by the Knesset Constitution, Law and Justice Committee – to prescribe by regulations:

(1)   provisions on the implementation of sections 7 to 10;

(2)  provisions on additional conditions, to which an arrestee will be entitled in the place of arrest;

(3)   the maximum time, during which an arrestee may be held in a place of arrest where the provisions of Section 9(B)(5) cannot be complied with;

(4)   special provisions on the applicability of sections 8 and 9 to the holding of arrestees suspected of security offenses stated in Section 35(B), for the success of the investigation, for the arrestee's benefit or for national defense.

Article C: Arrest of Suspects by a Judge's Warrant

Judicial authority

12.  When application was made to arrest a person, then a judge - after he has examined the material on which the application is based - is entitled to order, by a reasoned written decision, that that person be arrested, or that he be released on bail, without bail or on conditions he may deem appropriate; an arrest warrant may be made in the suspect's presence or in his absence.

Grounds for arrest prior to indictment

13.  (A)   A judge will order a person to be arrested only if he is satisfied that there is a reasonable suspicion that the person committed an offense other than a contravention, and if one of the following grounds applies:

(1)   there are reasonable grounds to suspect that the suspect's release or non-arrest will result in the disruption of investigative procedures, in the evasion of an investigation, trial or imprisonment, or will lead to the concealment of property, to the influencing of witnesses or to the impairment of evidence in some other manner;

(2)   there are reasonable grounds to suspect that the suspect will endanger the safety of any person, public safety or national defense;

(3)   the court is satisfied that, because of special reasons that will be recorded, to adopt investigative procedures which are possible only while the suspect is under arrest; the court will not order arrest on these grounds for longer than five days; if the court is satisfied that the investigative procedure cannot be carried out during the said period, then it is entitled to order arrest for a longer period or it is entitled to extend it, on condition that the total of all periods does not exceed 15 days.

(B)   A judge will not order arrest under Subsection (A) if the objective of the arrest can be achieved by way of setting bail and of conditions of bail which restrict the suspect's freedom to a lesser degree.

Arrest of escapee from custody

14.  If a judge finds - based on the written deposition of a policeman - that a person escaped from lawful custody, then he will order that person's arrest in order to return him to the custody from which be escaped.

Procedure

15.  (A)  An arrest application will be submitted in writing by a policeman, supported by his sworn statement or by affidavit;

(1)  the application will state -

(A)  the facts that give the court jurisdiction;

(B)   an abstract of the facts and information, on which the person who makes the declaration bases the application for the arrest warrant;

(C)  the grounds for arrest;

(D)  particulars of previous arrests and previous applications for arrest warrants related to the same matter and concerning the suspect, and the court's decisions on them.

(2)  To the application will be attached -

(A)  copies of previous applications for arrest warrants on the same matter;

(B)  record of legal proceedings on the previous applications for arrest warrants;

(C)  secret material for the court's eyes only, including secret material submitted at previous hearings of the court.

(B)  Notwithstanding the provisions of Subsection (A), a judge is entitled to hear an urgent application even without the documents in Section (A)(2), if he is satisfied that he has the information necessary in order to make a decision, and for special reasons; in a hearing under this section the period of arrest will not be longer than 24 hours.

(C)   The material connected to the arrest application or information on which the arrest application is based and all the material under Subsection (E) will be made available only for inspection by the judge; the material will be marked and returned to the policeman after it was examined.

(D)  The judge is entitled to interrogate the policeman about his application; if the hearing is in the suspect's presence, then he or his advocate is also entitled to interrogate the policeman.

(E)  If the policeman requested that his reply to any question be brought to the knowledge only of the court, or if he requested to specify only before the court facts or information on which the arrest application is based, then he will deliver his reply and the reasons for his request to the court in writing; the court is entitled to accede to the application and use the material submitted to it in this manner, if it concluded that giving the reply or disclosing the facts or the information in the presence of the suspect or of his advocate would be liable to hinder the investigation or to injure some other important public interest; the privileged information will be marked and returned to the policeman after it was read, and the matter will be entered into the record; if the judge decided not to accede to the application that the material not be revealed, then the policeman is entitled to announce that he withdraws the material to which the question relates and, when he has done so the material will not be made available to the suspect and his advocate and the judge will ignore it for purposes of his decisions.

(F)  In order to reach his decisions on an arrest application, the judge is entitled to refer to evidence even if it is not admissible at a trial.

(G)  The hearing will be documented in a record that does not reveal the contents of privileged information, and the record will be delivered to the parties.

(H)  Hearings on an arrest application not in the suspect's presence will be held in camera, un1ess the judge ordered otherwise for special reasons that will be recorded.

Remand

16. The following provisions will apply to an application for the remand of a suspect or of a defendant:

(1)  Notification of the time and place of the hearing will be served by the police without delay on the suspect, on his advocate if he has an advocate, and - if he does not have an advocate - on a relative of the suspect whom he has named;

(2)   the hearing will be in the suspect's presence, unless the judge found - based on a physician's opinion - that the suspect cannot participate in the hearing because of the state of his health; in this case the hearing will be in the presence of his advocate, and if he is not represented, then the judge will appoint an advocate for him until he is able to appear before the court; if whatever prevented his attendance lapsed and the period of arrest has not yet ended, then the suspect is entitled to demand a rehearing;

(3)  the hearing will be in public, but the court is entitled to order that the hearing be in camera in accordance with the provisions of Section 68(B) of the Courts Law [Consolidated Version], 1984.

Arrest before indictment

17.  (A)  If a judge ordered a suspect's arrest in his presence, then the period of arrest will not exceed 15 days; however, the judge is entitled, from time to time, to remand for periods of not more than 15 days; the provisions of this subsection will not derogate from the provisions of the closing passage of Section 13(A)(3).

(B)  A suspect will not, in respect to the same event and including the period of arrest without warrant, be held under arrest continuously for a period of more than 30 days, unless the application for additional arrest was submitted with approval by the Attorney General.

(C)   If a judge ordered a suspect's arrest in his absence, including arrest under Section 14, and if the suspect was not released earlier under Section 20, then the suspect will be brought before the judge as soon as possible and not later than 24 hours after his arrest; the provisions of Subsection (A) will apply when the suspect is brought before the judge.

(D)   If a person was arrested and his investigation has been completed, then he will be released from arrest; however, if a prosecutor announced that an indictment is about to be filed against him and if the court is satisfied that there are a priori grounds for an application to arrest him until the end of proceedings, then for this reason the judge is entitled to extend his arrest for a period of not more than five days, subject to the provisions of Subsection (B).

Arrest warrant

18.  (A)   An arrest warrant will be in writing, and the following will be specified in it:

(1)   the court, the number of the file and the name of the judge who issued the warrant;

(2)   the suspect's full name and additional particulars for his identification;

(3)   a description of the offense, of which the suspect is suspected;

(4)   the grounds on which the warrant was issued;

(5)   the obligation of the person who makes the arrest to bring the suspect before the judge as soon as possible, unless it was decided to release him earlier;

(6)   if a public servant other than a policeman is charged with the execution of the warrant - that person's position and the source of his authority to make the arrest;

(7)   the date on which the warrant was issued, the hour when it was issued and the time when its effect lapses.

(B)   An arrest warrant will be signed by the judge who issued it and will bear the court's stamp; if the judge is unable to sign the warrant, then another judge will sign it after he has read the decision of the judge who issued it.

Execution of arrest warrant

19.  (A)   An arrest warrant issued in the absence of a suspect will be executed by a policeman or by a public servant authorized therefore.

(B)   A warrant issued under Subsection (A) will be in effect for 180 days, unless the judge extended its effect by a reasoned written decision.

(C)   An arrest warrant issued in the suspect's presence will be executed on the spot by a policeman or by a pub1ic servant authorized therefore, unless the court ordered it to be executed at another time.

Release by police officer of person arrested under a warrant

20.   If a person was arrested under a warrant by a judge and if the judge did not prescribe either that the arrestee be brought before him in order to be released, the terms of bail for his release or that he be released without bail, then a police officer is entitled to order his release without bail before the end of the arrest period prescribed in the warrant, or he is entitled to set bail, on condition that the arrestee or his advocate agreed to the bail set.

Arrest after submission of indictment

21.  (A)   When an indictment has been submitted, then the court to which the indictment was submitted is entitled to order the defendant to be under arrest until the end of legal proceedings, if one of the following applies:

(1)   the court believes, on the basis of material submitted to it, that one of the following applies:

(A)   there are reasonable grounds to suspect that the defendant's release or non-arrest will 1ead to a disruption of legal proceedings, to an evasion of trial proceedings or of serving a prison sentence, or will lead to the concealment of property, to the influencing of witnesses or to some other impairment of evidence;

(B)   there are reasonable grounds to suspect that the defendant will endanger the safety of any person, public security or national defense;

(C)   if the defendant is accused of one of the following:

(l)   an offense for which he is liable to be sentenced to death or to life imprisonment;

(2)   a security offense as stated in Section 35(B);

(3)   an offense under the Dangerous Drugs Ordinance (New Version) , 1973, other than an offense that relates to using a drug or to holding a drug for one's own use;

(4)   an offense committed with severe violence or cruelty, with a fire arm or with another weapon;

(5)   an offense of violence against a relative within its meaning in the Prevention of Violence in the Family Law, 1991;

then the grounds stated in Subsection (B) are assumed to exist, unless the defendant proves the opposite.

(2)   the court ordered bail to be posted and bail was not posted to the court's satisfaction, or one of the conditions of bail was violated, or there are grounds for canceling release on bail.

(B)   A court will not issue an arrest warrant under Subsection (A) unless it is satisfied, after hearing the parties, that there is a-priori evidence to prove guilt, and for purposes of Subsection (A)(l) the court will not order the aforesaid unless the following conditions also apply:

(1)   the objective of the arrest cannot be attained by release on bail and by release conditions of lesser impact on the defendant's freedom;

(2)   the defendant has an advocate, or the defendant declared that he does not want to be represented by an advocate.

(C)   If the defendant did not have an advocate and if he did not declare as stated in Subsection (B)(2), then the court will appoint an advocate for him, and to this matter will apply the provisions of Chapter B of the Criminal Procedure Law [Consolidated Version],1982 (hereafter: Criminal Procedure Law) or the provisions of the Public Defenders Law, 1995 (hereafter: Public Defenders Law), as the case may be; as long as no advocate has been appointed, the court is entitled to order the defendant to be under arrest for periods of not more than 7 days each time, on condition that the total of all the periods not exceed 30 days.

(D)   Notwithstanding the provisions of Subsection (B) the court is entitled - on application by the defendant or his advocate – to postpone the hearing in order to enable the defendant or his advocate to study the investigation material, and it is entitled to order the defendant to be under arrest for a period of not more than 30 days.

(E)   An arrest warrant under this section will remain in effect until judgment is pronounced, unless the court determined differently; the provisions of Section 20 will not apply to an arrest warrant under this section.

Arrest report

21A. (A)   When hearing an arrest application under sections 12 and 21 or the appeal of a decision under those sections, the court is entitled to order that an arrest report be submitted and it is entitled to order the suspect to be released under the supervision of a parole officer as stated in Section 48(A)(6); the arrest report will not be used as a parole officer's report before sentencing under the provisions of Section 37 of the Penal Law,1977 (hereinafter: Penal Law); the provisions of Section 191 of the Criminal Procedure Law will apply to the arrest report; however, in the case of an arrest application under Section 12, the court will not order an arrest report to be submitted in respect of a person under arrest for less than 5 days before its decision is handed down, unless it is a special case.

(B)   An arrest report will include the personal circumstances of the defendant, the significance of the arrest, alternatives to arrest and release, or a recommendation of special conditions for release on bail and supervision over them.

Authority to arrest until appeal

22.  (A)   If a judgment of guilty was handed down to a defendant who was under arrest until the end of proceedings without sentencing him to actual imprisonment, and if the prosecutor announced that he intends to appeal against the light sentence and to ask for actual imprisonment, then the court that adjudged the defendant guilty is entitled to release him on bail or, if it is satisfied that there is suspicion that he will escape, it is entitled to order his arrest for a period of not more than 72 hours for submission of the notice of appeal.

(B)   If notice of appeal against a judgment was given by the prosecutor, then the Court of Appeal is entitled to order the defendant to be arrested in accordance with the provisions of Section 21.

Article D: Arresting Suspects Without Warrant from a Judge, And Provisions Regarding the Arrest

Policeman's authority to arrest without warrant

23.  (A)   A policeman is authorized to arrest a person, if he has reasonable grounds for suspecting that the person committed an offense subject to arrest, and if one of the following applies:

(1)   the person committed an offense subject to arrest in his presence or in the recent past and he consequently believes that he is liable - because of that fact - to endanger the safety of any person, public security or national defense;

(2)  he has reasonable grounds to suspect that the suspect will not appear for investigative procedures;

(3)   he has reasonable grounds to suspect that the suspect's release or non-arrest will result in the disruption of trial proceedings, including the concealment of property, influencing witnesses or some other impairment of evidence;

(4)   he has reasonable grounds to suspect that the suspect will endanger the safety of any person, public security or national defense;

(5)   the person is suspected of the commission of one of the following:

(A)   an offense for which he is liable to be sentenced to death or to life imprisonment;

(B)   a security offense as stated in Section 35(B);

(C)   an offense under the Dangerous Drugs Ordinance (New Version), 1973, other than an offense that relates to using a drug or holding a drug for one's own use;

(D)   an offense committed with severe violence or cruelty, or with a firearm or with another weapon;

(E)   a violent offense against a relative within its meaning in the Prevention of Violence in the Family Law, 1991;

(6)   the person was released on bail, and there are reasonable grounds to suspect that he violated any of the terms of the release, that he is about to escape from justice, or there are reasonable grounds to suspect that he escaped lawful custody;

(7)   in this law, "offense subject to arrest" - any offense other than a contravention.

(B)   A policeman is authorized to arrest a person and bring him to a police station for the purpose for which he tried to detain him, if that person does not comply with instructions given by him under his legal authority to detain or if he interferes with his exercise of the authority to detain.

(C)   No person will be arrested under this section, if detention can suffice.

Executing an arrest

24.  (A)   The person who is about to arrest a person will first identify himself to the suspect, stating his name or his official designation and that he is a policeman, or a public servant, will inform him immediately that he is arrested and will - as soon as possible while executing the arrest - explain to him the reason for the arrest; a policeman will also identify himself in accordance with the provisions of Section 5A of the Police Ordinance [New Version], 1971 (hereafter: Police Ordinance) and a public servant will identify himself also by presentation of a certificate that attests to his authority; if the arrest is under a judge's warrant, then the person who makes the arrest will give a copy of the warrant to the arrestee.

(B)   The provisions of Subsection (A), other than the obligation to inform the suspect of the arrest and to give him a copy of the warrant, will not apply -

(1)   if, under the circumstances of the case, it is clear that the arrestee knows the policeman's identity and the reason for the arrest;

(2)   if compliance with them is liable to foil performance of the arrest;

(3)   if compliance with them is liable to endanger the safety of the person who makes the arrest while the arrest is being made, or to lead to the concealment of evidence;

when the circumstances that prevented compliance with the provisions of Subsection (A) have passed, then the person who makes the arrest will comply with the said provisions as soon as possible.

(C)   Compliance with the provisions stated in subsections (A) and (B) is a condition for the legality of the arrest.

Bringing arrestee to police station

25.  (A)   If a policeman arrested a person without an arrest warrant, then he will bring him to a police station (hereafter: station) without delay and place him under the authority of the officer in charge of investigations in that station or - in his absence - the officer in charge of the station (hereafter: officer in charge, unless he concluded - after the arrest - that he may be released.

(B)   Notwithstanding the provisions of Subsection (A), the policeman is entitled to -

(1)   bring the arrestee to some other place, so that there he may be given medical treatment of which he is in urgent need;

(2)   leave the arrestee in the place where he was arrested or bring him to a place where the policeman's presence is required -

(1)  when the policeman's presence in that place is urgently needed in order to prevent injury to any person, to public security or to national defense;

(2)   to continue the investigation, the policeman being unable to bring the suspect to a station, either by himself or by means of another policeman;

(3)   to stay with the arrestee in the place of the arrest or to bring him to the scene of the event, when the interests of the investigation require urgent activity there in the arrestee's presence;

(4)   to bring the arrestee to some other place where his presence is required in order to prevent immediate and severe harm to public security or to national defense, or death or serious bodily injury to a person;

(5)   to bring the arrestee to some other place with his consent, in order to seize evidence or to prevent its destruction.

(C)   When the circumstances that prevented bringing the arrestee to a station have passed, then the arrestee will be brought to a station without delay.

(D)   If the officer in charge is absent from the station or if he is unable to discuss the arrestee's release, then a policeman authorized therefore in accordance with Israel Police Orders, as defined in Section 1 of the Police Ordinance, is entitled to release the arrestee under the provisions of this law; however, if he ordered him to be released on bail, then he will obtain approval of the bail and its conditions from the officer in charge.

(E)   If an arrestee was released on bail under Subsection (D), he will be considered released by the officer in charge.

Policeman's report of arrest

26. (A)   When an arrestee has been brought to a station and placed under the authority of the officer in charge, then the policeman who arrested him will - as soon as possible - file a written report in which he will specify the circumstances of and the grounds for the arrest, including the facts on which he based his suspicion that an offense had been committed, his acts under Section 24, the reasons for his acts under Section 25, if any, and the names of the other policemen who participated in making the arrest.

(B)   If a policeman arrested a person and released him as stated in Section 25, then he will - as soon as possible after the arrest - make a report that will be transmitted to the officer in charge stated in Subsection (A).

Inquiry by officer in charge

27. (A)   If a person was arrested without an arrest warrant and was brought to a police station, then the officer in charge will inquire whether one of the conditions in Section 23 applied.

(B)   If the officer in charge concluded that none of the conditions stated in Section 23 applied, then he will release the arrestee on the spot, unless there are grounds for arrest under Section 13.

(C)   If the officer in charge concluded that there are grounds for arrest under Section 13, then - after he has explained his considerations to the suspect - he is entitled to arrest him or release him on bail.

(D)   If a person came to a police station or if he was brought there without being under arrest, and if the officer in charge concluded that there are grounds for arrest under Section 13, then - after he has explained his considerations to the suspect - he is entitled to arrest him or set bail for him.

(E)   If there is reasonable suspicion that an arrestee escaped from legal custody, then he will be arrested without the possibility of release on bail.

Hearing the arrestee's arguments

28.  (A)   An officer in charge of a person's arrest will not decide to continue his arrest or to release him on bail and he will not set the category, amount and conditions of the bail, without first having given that person an opportunity to have his say, after having warned him that he does not have to say anything that is liable to incriminate him, that everything he says can be used as evidence against him, and that his abstention from replying to questions may strengthen evidence against him.

(B)   If the suspect's advocate is present at the police station when the officer in charge makes his decision, then the officer in charge will hear him before he makes his decision, if he asked to have his say; the provisions of this subsection will not obligate the officer in charge to wait for the advocate's arrival or to allow a meeting between suspect and advocate in contradiction to a decision under sections 34 and 35.

Bringing arrestee before a judge

29.  (A)   If a person was arrested by an officer in charge under Section 27, then he will - as soon as possible and not later than within 24 hours - be brought before a judge.

(B)   If the time for bringing an arrestee before a judge falls on the Sabbath or on a holiday, then the arrestee will be brought before the judge before the beginning of the Sabbath or of the holiday;

(C)   If the time for bringing an arrestee before a judge is as stated in Subsection (B), and if a police officer of the rank of Chief Superintendent certified that - because of special requirements of the investigation - it is not possible to bring the arrestee before the judge before the beginning of the Sabbath or of the holiday, then the arrestee will be brought before the judge not later than 4 hours after the end of the Sabbath or of the holiday.

(D)  If the arrest was made less than four hours before the beginning of the Sabbath or of the holiday or during the Sabbath or the holiday, then the prisoner will be brought before the judge not later than 4 hours after the end of the Sabbath or of the festival or 24 hours after his arrest, whichever is later.

(E)   (1)   If the holiday or the holiday and the Sabbath together is longer than 48 hours, and if it was not possible to bring the arrestee before the judge before the beginning of the Sabbath or of the holiday, then the arrestee will be brought before the judge as soon as possible after the end of the Sabbath or of the holiday or within 24 hours after his arrest, whichever is later;

(2)   if the holiday and the Sabbath together is longer than 72 hours, then the arrestee will be brought before the judge not later than 32 hours after his arrest;

(3)   if an arrestee asked not to be brought before a judge before the end of the Sabbath or of the holiday, then he will be brought before the judge as soon as possible after the end of the Sabbath or of the holiday.

(F)   The Minister of Justice and the Minister of Public Security will prescribe, with approval by the Knesset Constitution, Law and Justice Committee, arrangements for the hearings under this section.

In this section, "holiday" - the Jewish holidays specified in Section 18A(A) of the Law and Administration Ordinance, 1948.

Investigation Activities

30.  If an officer in charge concluded, notwithstanding the provisions of Section 29, that urgent investigation activities should be carried out, such as can be carried out only while the suspect is under arrest and which cannot be postponed until after the arrestee was brought before a judge, or that urgent investigation activities are necessary in connection with the investigation of an offense stated in Section 35(B), then - in order to carry out that act - he is entitled to delay bringing the arrestee before a judge until not later than 48 hours after the arrest.

Release of arrestee from police station

31.  (A)  When the acts under Section 30 have been concluded, then the arrestee will be brought before a judge as soon as possible, unless the officer in charge decided to release him without bail, or on bail and on conditions prescribed by him.

(b)   If the arrestee was not brought before a judge as soon as possible, either under Subsection (A) or under Section 29, as the case may be, then the arrestee will be released.

Explaining the arrestee's rights to him

32.   If the officer in charge decided to arrest the suspect, then he will immediately explain to him, in a language understood by him as far as is possible, that he is under arrest and the reasons for the arrest and also -

(1)   his right to have notice of his arrest delivered to a person close to him and to an advocate and his right to see an advocate, all subject to the provisions of sections 34 to 36; as well as his right to be represented by a defense attorney as stated in Section 15 of the Criminal Procedure Law or under the Public Defenders Law;

(2)  the length of time during which he may be held under arrest until he is released or brought before a judge.

Delivering notices of arrest

33.  (A)  If the officer in charge decided to arrest the suspect, then notice of his arrest and of the place where he is kept will be delivered, without delay, to a person close to him whom he named and who can be located by reasonable means, unless the arrestee asked that no aforesaid notice be delivered; if the arrestee's location is changed, then the police will also notify of that fact.

(B)   At the arrestee's request and subject to the provisions of Section 14 of the Criminal Procedure Law, a notice stated in Subsection (A) will also delivered to the advocate whom the arrestee named or to one of the advocates whose name appears on the list stated in Subsection (C).

(C)  The officer in charge is responsible for the implementation of the provisions of this section; he will inform the arrestee of his rights, as stated in Section 32, and he will also give the arrestee the list drawn up by the Chamber of Advocates of advocates who are prepared to act as defense attorneys for arrestees; the arrestee will certify by his signature that the notice was delivered to him.

Arrestee's right to see advocate

34.  (A)  An arrestee has the right to see an advocate and to consult him.

(B)   If an arrestee asks to see his advocate, or if an advocate appointed by a person close to the arrestee asks to see him, then the person in charge of the investigation will permit it without delay.

(C)  The meeting of the arrestee with his advocate will be in seclusion and under conditions that ascertain the confidentiality of the discussion, but in a manner that makes it possible to oversee the arrestee's movements.

(D)  If at that time the arrestee is involved in investigative procedures or in other activities connected with the investigation, so that his presence is necessary for their completion, and if meeting his advocate without delay, as stated in Subsection (C), would require them to be delayed or postponed to a later date, and if the officer in charge of the rank of Superintendent or higher (hereafter in this section: the officer in charge) believes that their delay or postponement would be liable to endanger the investigation materially, then he is entitled to order - by a reasoned written decision - that the arrestee's meeting with the advocate be postponed for the time required to complete the activity, on condition that the interruption not exceed a few hours.

(E)   If the officer in charge holds that a meeting between the arrestee and the advocate would be liable to frustrate or to interfere with the arrest of additional suspects in the same matter, to prevent the discovery of evidence or the seizure of anything obtained in connection with that offense, then he is entitled to order - by a reasoned written decision - that the meeting be postponed for the time required, on condition that it not exceed 24 hours after the arrest.

(F)   Notwithstanding the provisions of Subsection (B), the officer in charge is entitled - by a reasoned written decision - not to allow the arrestee to see an advocate during a period that will not exceed 48 hours after the arrest, if he is satisfied that this is necessary in order to protect human life or to frustrate a crime, or if the matter is connected with a security offense and one of the grounds specified in Section 35(A) applies; the provisions of this subsection will not derogate from the right of an arrestee who so requested to be given a reasonable opportunity to see an advocate before he is brought before a court on the matter of his arrest.

Meeting with advocate in case of security offenses

35.  (A)  If an arrestee suspected of a security offense requested to see an advocate or if an advocate appointed by a person close to the arrestee requested to see the said arrestee, then the person in charge will permit the meeting as soon as possible, unless one of the following applies:

(1)  the meeting is liable to interfere with the arrest of other suspects;

(2)  the meeting is liable to disrupt the discovery or seizure of evidence, or to interfere with the investigation in some other manner;

(3)  the meeting must be prevented in order to frustrate an offense or to protect human life.

The provisions of this subsection will not prevent the postponement of a meeting under Section 34(D), and the authority of the officer in charge prescribed in that section will be vested in the person in charge under this section.

(B)  In this law, "suspect of a security offense" - a person suspected of an offense under one of the following:

(1)   Article B or Article D of Chapter G of the Penal Law, 1977, as well as sections 143, 144, 146 and 147 of the said law;

(2)   regulations 58, 59, 62, 64, 66, 67, 84 and 85 of the Defence (Emergency) Regulations, 1945;

(3)   sections 2 or 3 of the Prevention of Terrorism Ordinance, 1948;

(4)   the Prevention of Infiltration Law (Offenses and Jurisdiction), 1954;

(5)   Section 8 of the Prohibition of the Financing of Terror Law, 2005;

or a person under arrest in accordance with the Law for Extending the Validity of Emergency Regulations (Judea and Samaria, and the Gaza Strip – Jurisdiction in Offenses and Legal Aid), 1967, who is suspected of an offense which - had it been committed in Israel - would have been one of the offenses enumerated in paragraphs (1) to (5).

(C)   The postponement of an arrestee's meeting with an advocate under Subsection (A) will not exceed 10 days, and it will be for reasons that will be recorded; notice of the postponement of the meeting will be given to the arrestee and - at his request - notice of the postponement and of the period of postponement will also be given to a person close to him whom the arrestee named.

(D)   The President of the District Court is entitled to order that an arrestee will not see an advocate or he is entitled to order the period said in Subsection (C) to be extended, if application therefore was made with approval by the Attorney General and if there is one of the grounds specified in Subsection (A), on condition that the total of all periods during which the arrestee was prevented from seeing an advocate will not exceed 21 days; an application under this subsection will be heard ex-parte, and a policeman of the rank of Superintendent or higher will appear on behalf of the applicant; the parties are entitled to contest a decision under this subsection before the Supreme court, which will hear the matter by a single judge.

(E)   If a suspect's meeting with an advocate was postponed under Subsection (A), then the suspect is entitled to contest the decision before the President of the District Court, and in his absence before the deputy President of the District Court; the court's decision may be contested before the Supreme court, which will hear the matter by a single judge.

(F)   A contestation under Subsection (E) will be heard in the prisoner's absence, unless the court ordered that the hearing be in his presence.

(G)   The hearing of a contestation or of an application for the arrest or release of the arrestee whose meeting with an advocate was postponed under this section will be heard separately with the arrestee and separately with the advocate, in a manner to prevent contact between them, unless the judge decided - for reasons that will be recorded - that a hearing with both arrestee and advocate present will not frustrate the purpose of postponing the meeting.

(H)   Proceedings under subsections (F) and (G) will be in accordance with regulations to be made by the Minister of Justice with approval by the Knesset Constitution, Law and Justice Committee.

(I)    In hearings under subsections (F) and (G) the court is entitled to accept evidence, including evidence on the recorded reasons for postponing the meeting, even in the absence of the suspect or of his defense attorney or without revealing them to them, if it is satisfied that revealing the evidence to the suspect or to his defense attorney would be liable to injure national defense or to frustrate the investigation; this provision will not derogate from any right not to communicate evidence under Chapter C of the Evidence Ordinance [New Version], 1971.

(J)    If the court decided under this section to permit the meeting between the advocate and the arrestee, and if, when the decision was handed down, the representative for the State announced that he wishes to contest it, then the court is entitled to order the meeting to be stayed for a period of not more than 48 hours; for this purpose, the Sabbath and holidays will not be taken into account of the hours.

(K)    If an arrestee stated in Subsection (A) applies to appoint an advocate for himself and if he is denied that, then he is entitled to contest that before the District Court and his petition will be heard in his presence within 48 hours after the petition was submitted.

(L)   The Minister of Justice is entitled, in consultation with the Minister of Defense and with approval by the Knesset Constitution, Law and Justice Committee, to make regulations for the implementation of this section, including the determination of the person in charge for purposes of this section.

Withholding by a court of notice or arrest

36.  (A)   Notwithstanding the provisions of sections 33 to 35 or of any other enactment, a judge of a District court is entitled to permit notice of a person's arrest for a security offense stated in Section 35(B) or for some other crime for which he is liable to 10 or more years imprisonment not to be delivered, or that the notice be delivered only to a person he determined, if the Minister of Defense certified in writing that national defense requires the arrest to be kept secret, or if the Inspector General of the Police certified in writing that the success of the investigation requires the arrest to be kept secret.

(B)   Permission under Subsection (A) will be for a period of not more than 48 hours, and it can be extended from time to time, on condition that the total of all periods not exceed 7 days, and in connection with offenses enumerated in Section 35(B) not exceed 15 days, if the Minister of Defense certified in writing that national defense so requires.

(C)   An application under this section will be heard ex-parte, and the officer in charge or the person in charge under sections 34 and 35 will appear on behalf of the applicant.

Arrest report by the officer in charge

37.  The officer in charge, who decided on the arrest or release of a suspect, will draw up a written report, stating his name and signing it; the report will specify, as the case may be -

(1)   the name and personal particulars of the arrestee;

(2)   the date and hour of his arrest and the name of the arresting policeman;

(3)   circumstances of the arrest, particulars of the offense and the facts that constituted grounds for the arrest;

(4)   the activity carried out in respect to the arrestee under Section 25 before he was brought to the police station, the names of participating policemen and the times at which it was performed;

(5)   the decisions of the officer in charge on release or arrest, on conditional or unconditional release on bail or on investigative acts under Section 30, with the reasons therefore;

(6)   compliance with the requirements of sections 32 and 33, names of the persons who performed the requirements and the names of the persons who received notices;

(7)   investigation activities performed under Section 30 and the times at which they were performed;

(8)   if application was made to enable the arrestee to see an advocate, the name of the applicant and the time of the meeting; if the meeting was postponed under sections 34 and 35(A) to (D) - the reasons therefore;

(9)   the arrestee's statements under Section 28.

Compensation for arrest

38.  (A)   If a person was arrested and released without an indictment having been filed against him, and if the court concludes that there was no basis for the arrest or if it found other circumstances that justify compensating that person, then it is entitled to order that the State Treasury pay him compensation for his arrest and the expenses of his defense, in an amount which the court will determine.

(B)   If a person was arrested and released, and if the court concludes that the arrest was in consequence of false complaint made otherwise than in good faith, then the court is entitled to obligate the complainant - after it has given him an opportunity to state his claim on this matter - to pay the arrested person compensation for his arrest and the expenses of his defense, in an amount which the court will determine.

(C)  The Minister of Justice is entitled, with approval by the Knesset Constitution, Law and Justice Committee, to make regulations -

(1)  on procedure for the application for compensation under this section, either before addressing the court or in court;

(2)   to set maximum amounts for compensation under Subsection (A).

(D)   A court's decision under this section is subject to appeal just as a criminal judgment.

Article E: Arrest Not by a policeman

Granting powers of arrest to public servants

39.  (A)   The Minister of Public Security is entitled, by order, to grant a public servant the authority of a policeman to detain or to arrest without a judge's warrant, if he is satisfied that granting that authority is essential for the performance of his duty.

(B)   The authority stated in Subsection (A) will only be granted to a public servant who received suitable training and in respect of whom the Israel Police announced that there is no consideration of internal security to prevent his authorization.

(C)   In this article, "public servant" - a state employee within its meaning in the State Service (Appointments) Law, 1959, and also an employee of a statutory authority to which disciplinary law applies under any enactment.

(D)   The bodies, in which public servants will be granted authority to detain and arrest as aforesaid, will be determined with approval by the Knesset Constitution, Law and Justice Committee.

Arrest by a public servant

40.  The obligations that apply to a policeman who makes an arrest under this law will apply to a public servant authorized under Section 39, and sections 44 and 45 of the Arrests and Searches Ordinance will also apply to the arrest, but the public servant will not enter a house used for residential purposes without an arrest warrant.

Article F: Setting Bail and Release on Bail

Definition

41.   In this article -

"bail" - a monetary pledge or the suspect's or the defendant's own recognizance, whether alone or together with surety of any kind whatsoever, a guaranty or monetary surety of guarantors, all as the court or the officer in charge will order, as the case may be.

Setting bail by the officer in charge

42.  (A)   If the officer in charge decided to release on bail or to set bail, then he will decide on the category of surety and its amount in accordance with considerations said in Section 46.

(B)   Release on bail will be on condition that the suspect appear for investigation or trial whenever he is required to do so, and that he not interfere with investigation and trial procedures; the officer in charge is entitled - with the suspect's consent – to make the release on bail conditional on the following conditions:

(1)   the obligation to notify of any change of the residential address or place of work;

(2)   a stay of exit from Israel and depositing the passport for a period not longer than three months;

(3)   prohibition of entering an area, settlement or place in Israel which he will designate, during a period not longer than 15 days;

(4)   prohibition of communicating or meeting with persons whom he will designate, during a period not longer than 30 days;

(5)   the obligation to live or to be in an area, settlement or place in Israel which he will designate, during a period not longer than 15 days;

(6)   the obligation to appear at a police station at times he will prescribe;

(7)   the prohibition of leaving the place of residence during all or some of the hours of the day, during a period not longer than 5 days;

(8)   the deposit of a weapon in his possession at a police station - in respect of a suspect of a violent offense.

(Bl)  If the officer in charge decided not to make the release of a suspect of violence against a relative conditional on the deposit of a weapon in his possession at a police station, as stated in Subsection (B)(8), then he will specify his reasons in writing; for the purpose, "relative" - as defined in the Prevention of Violence in the Family Law, 1991.

(B2)  If the officer in charge decides to release on bail a suspect of an offence committed with severe violence, with cruelty or with the use of a firearm or other weapon, then he will make the release conditional on the deposit of a weapon in his possession at a police station, as stated in Subsection (B)(8).

(C)   The provisions of sections 48(B), (D) and (E) will apply to the decision of the officer in charge.

(D)   If the officer in charge decided to release the suspect on bail and if the suspect did not agree to the setting of bail, to its amount or to its conditions as stated in Subsection (A), or if the officer in charge thought that the suspect should be released on terms which are not within the scope of his authority, or if the bail was not posted on time, then the suspect will be arrested and brought before a judge as soon as possible and not later than within 24 hours.

(E)   If bail was set by way of a monetary pledge and if the suspect is unable to post the bail, then the officer in charge is entitled to order the suspect to be released on other bail and he is also entitled to make release conditional on the pledge being posted within a time set by him.

(F)   A person on whom bail was imposed will be treated like a person released on bail, mutatis mutandis.

Contestation of decision of the officer in charge

43.  If a person was released on bail by the officer in charge, then he is entitled to contest before the Magistrates Court -

(1)   the amount of bail or the reasonability of its conditions, within 14 days after the decision by officer in charge;

(2)   the conditions for release on bail that were set, if circumstances have changed and they can influence the setting of conditions for release;

(3)   a condition under the provisions of Section 42(B2), if under the circumstances of the case canceling the condition does not pose any danger to a person or to public safety.

Release on bail by the court

44.  (A)   If a suspect who has not yet been indicted, or a suspect or a convicted person with appeal pending against his judgment is under arrest or imprisoned, then the court is entitled - on his application – to order him released on bail or without bail.

(B)  The court may require a defendant or a convicted person, against whose conviction appeal is pending, to post bail even if it is not competent to order his arrest under Section 21, in order to assure his appearance at the trial, and when it has done so the defendant or the convicted person will be treated like a person released on bail.

Restriction on release

45.   If the court holds that testimony should be taken immediately under Section 117 of the Criminal Procedure Law in connection with offenses under sections 199 to 202, 427 or 428 of the Penal Law or under the Dangerous Drugs Ordinance (New version) 1973, other than an offense connected only with personal use of drugs, then it will not release the defendant on bail before the testimony was taken which the court believed should be taken immediately, unless the prosecutor agreed thereto or unless the judge is satisfied that the release will not interfere with taking testimony, or if 14 days have passed since the arrest.

Considerations in setting bail

46.  (A)  If a judge ordered a person to be released on bail or that bail be imposed on him, then he will prescribe the type of bail, the amount of bail and also the conditions of the bail and the period of their effect; and all that to an extent that does not exceed what is necessary in order to achieve the purposes of imposing bail.

(B)   When he makes his decision under Subsection (A) the judge will also weigh the following:

(1)   the nature of the offense;

(2)   the information in the hands of the prosecution;

(3)   the person's criminal past;

(4)   the person's economic situation and his ability to produce the required bail;

(5)   the possibility that the person can comply with the conditions of the bail.

(C)   In setting conditions of bail for a minor the judge will also take into consideration the special needs of a minor.

Results of failure to post bail

47.  (A)   If a person was released on bail and did not post it by the time prescribed, then he will again be arrested and brought before a judge within 24 hours after his arrest.

(B)  If a judge made release conditional on the posting of bail and if bail was not posted by the time prescribed, then the arrestee will be brought before a judge within 24 hours after the stated time.

(C)   If the judge did not set a time for the posting of bail and bail was not posted, then the arrestee will be brought before a judge within 48 hours after the decision was handed down.

(D)   A person will be released from arrest immediately after bail was posted and the conditions of bail have been complied with.

Conditions of release on bail

48.  (A)   Release on bail is conditional on the released person's appearance for investigations, hearing of his trial or appeal or to serve his sentence whenever he is required to do so, and also on his abstention from interference with legal proceedings; the court is entitled to make additional conditions for a period of time to be set by it, as it may find appropriate, including the following:

(1)   the obligation to notify of any change of the residential address or place of work;

(2)   a stay of exit from Israel and depositing the passport;

(3)   prohibition of entering an area, settlement or place in Israel which he will designate;

(4)   prohibition of being in communication or meeting with a designated person;

(5)   the obligation to live or to be in an area, settlement or place in Israel which it will designate;

(6)   the obligation to be under the supervision of a parole officer, after an arrest report was received; the supervision will not last longer than six months, but the court is entitled to extend it for periods that will not be longer than six months each;

(7)   the obligation to undergo treatment for drug users, on condition that the treatment was approved by a parole officer;

(8)   the obligation to appear at a police station at times which it will prescribe;

(9)   prohibition of leaving the place of residence during all or some of the hours of the day;

(10)   prohibition of engaging in an occupation connected with the offense, there being reasonable suspicion that continuing in the occupation would constitute a danger to public security or would be liable to facilitate the commission of a similar offense;

(11)  compliance with a protective order under the Prevention of Violence in the Family Law, 1991;

(12)  deposit of a weapon in his possession at a police station - in respect of a suspect of a violent offense.

The court is also entitled - on the basis of the arrest report under Section 2lA and with agreement by the suspect or defendant – to make his release conditional on a medical examination, on medical treatment or on other professional treatment, or order that the treatment be part of the supervision by the parole officer stated in Paragraph (6).

(B)  The judge will not order a stay of exit from Israel, unless the following two conditions apply:

(1)   there is a reasonable possibility that the released person will not appear for investigations, a hearing of his trial or to serve his sentence.

(2)   his appearance cannot be assured by the provision of appropriate bail or the setting of appropriate conditions for release.

(B1)   If the court ordered the release of a suspect of a violent offense against a relative or of an offense committed with severe violence, with cruelty or with the use of a firearm or other weapon, and if it did not make the release conditional on the deposit of a weapon in the suspect's possession as stated in Subsection (A)(12), then it will specify its reasons therefore in its decision; for the purpose, "relative" - as defined in the Prevention of Violence in the Family Law, 1991.

(C)   If an arrangement is necessary in order to assure compliance with conditions for the release, then the particulars of the arrangement will be brought to the judge's knowledge before the conditions are set.

(D)    A stay or exit from Israel order will be the documentation for preventing the released person's departure from Israel.

(E)    For supervision of compliance with conditions of the release, a policeman will have the authority to enter any place where the released person may reasonably be assumed to be, or any place where the released person should be.

Bail bond

49.  (A)  A bail bond will specify the conditions of release and will be signed before a judge, court registrar, or before a policeman or prison guard authorized under orders of the Police or of the Prisons Service.

(B)   A bail bond signed by a third party will also specify the special conditions, compliance with which the third party guarantees.

Release of guarantor

50.  (A)   If a third party guarantor wishes to withdraw his bail or to have his pledge returned to him, then the court is entitled - after it summoned the applicant, the prosecutor, the person released on bail and every guarantor who guaranteed together with the applicant – to grant the application or reject it; the court will not reject the application, if the person released on bail appeared or was brought before the court; if the court granted the application, then it is entitled to cancel the release on bail, set other bail or change its conditions.

(B)   The court is entitled to make an order to bring before it a guarantor who was summoned to a hearing and did not appear, unless the guarantor was represented at the hearing by an advocate or informed the court by affidavit that he agrees to the application.

(C)   When application is made to refund or cancel a pledge or bail set by an officer in charge, then the officer in charge will have the powers vested in the court in Subsection (A), mutatis mutandis.

(D)   If a guarantor died before an order was made for payment of the amount of his bail or for the forfeiture of his pledge, then his responsibility under the bail bond is void and the amount of his pledge will be refunded to his estate when application therefore is made; when the court learns of his death, then notice thereof will be given to the prosecutor, to the person released on bail and to any other guarantor who provided bail for the same released person, and the court is entitled - on application by the prosecutor or by another guarantor – to set different bail, change its conditions or cancel the release on bail.

Results of violation of conditions of release on bail

51. (A) A judge who hears the case of a person released on bail who was brought before him due to a violation of the conditions of release, is authorized to order forfeiture of the bail, and if a cause for arrest has developed, to arrest him or release him on bail under conditions he determines.

(B) If a judge learns that a person released on bail has violated the conditions of release and that it is not possible to bring him before him, he is authorized to order the forfeiture of the bail.

(C) A request for forfeiture of bail that was given by a guarantor will not be discussed unless the guarantor is provided an opportunity to present his arguments.

Reexamination of court's decision

52.  (A)   An arrestee, a person released on bail or a prosecutor is entitled to apply to the court that it reexamine any matter that relates to an arrest, release or violation of conditions for release on bail, including a decision under this section, if new facts were discovered, if circumstances changed or if considerable time passed since the decision was handed down.

(B)   If a person is under arrest because he is unable to post bail, then be is entitled to apply for reexamination at any time.

(C)   If a parole officer's supervision was imposed under Section 48(A), then the parole officer is entitled to apply to the court that it band down an order changing its decision; the application will be in writing and will be accompanied by a report.

Appeal of court's decision

53.  (A)   An arrestee, a person released on bail or a prosecutor is entitled to contest any decision of a court on any matter that relates to an arrest, release, violation of conditions of the bail or to a decision on an application to reconsider, and a guarantor is entitled to contest a matter of his guaranty before a Court of Appeal, which will hear the contestation by a single judge; they are entitled to contest any decision of a District Court by an appeal before the Supreme Court, where the contestation will be heard by a single judge.

(B)  The judge who hears a contestation is entitled to refer to new evidence, such as may have accumulated since the hearing before the lower court.

(C)  An appeal as mentioned in Subsection (A) above must be filed within 30 days from the day of the court's decision. The court, however, is entitled to extend the above date for reasons that will be recorded.

Powers at reexamination and appeal

54.  At a reexamination and at an appeal, the court is entitled to confirm or change the contested decision or it is entitled to cancel it and make another decision in its place.

Staying implementation of release

55.  (A)  If the court decided to release a person who was under arrest when the decision was made, either on bail or without bail, and if the Attorney General or the prosecutor announced - when the decision is handed down - that he wishes to contest it, then the court that made the decision is entitled to order implementation of the release to be stayed for a period it will designate and which will not exceed 48 hours after the decision was handed down; the provisions of Section 29 will apply to this matter, mutatis mutandis.

(B)   A contestation stated in Subsection (A) will be submitted as soon as possible within the designated period.

(C)   If the Attorney General or the prosecutor decides that no contestation be submitted in spite of his announcement to the court, then he will immediately inform the court of his decision and the person will be released forthwith.

Manner of submitting applications

56.  (A)   An application for release on bail, submitted not in connection with the hearing of an arrest application, of an application to set bail, of an application to reexamine or of an application for appeal, will be submitted in writing and will include a summary of its reasons; if it was preceded by other applications in the same matter, then copies of those applications and of the records of hearings on them will be attached; however, the court is also entitled to adjudicate an application when the said copies are not attached to it, if it is satisfied that it has the information necessary for handing down a decision.

(B)   The provisions of Section 15(C) to (G) will apply to an application under Subsection (A), mutatis mutandis.

Presence of the parties

57.  (A)   A hearing under sections 43, 52, 53 and 58 will be in the presence of the person released on bail or of his advocate, of the arrestee and of the prosecutor; however, an arrestee's application may be heard in the prosecutor's absence, if the prosecutor was given 24 hours advance notice; a prosecutor's application may be heard in the absence of the person released on bail, if 48 hours advance notice was served on the person released on bail.

(B)   Notice of the time and place of a hearing will be given to the person released on bail, to the arrestee, to the advocate if he bas an advocate and to the prosecutor.

(C)   If the hearing cannot be held in the arrestee's presence because of the state of his health, then the provisions of Section 16(2) will apply, mutatis mutandis.

Effect of bail

58.  (A)   The bail and the conditions for release on bail will lapse, if no indictment is filed against the suspect within 180 days; however, within the period of bail the court is entitled to extend it and its conditions for an additional period that will not exceed 180 days, if application was made with a prosecutor's approval.

(B)   The court is entitled to order an additional extension of the bail and of its conditions for a period that will not exceed 90 days, if application therefore was made with the Attorney General's approval.

Release when there is no indictment

59.  If a suspect is under arrest and no indictment was filed against him within 75 days after his arrest, then he will be released from arrest, either on bail or without bail.

Release when there is no trial

60.  If, after an indictment was filed against him an arrestee was under arrest because of that indictment for a cumulative period of 30 days and if his trial has not begun, then he will be released from arrest, either on bail or without bail; however, the court is entitled to postpone the beginning of the trial for an additional 30 days without releasing him, if the defendant or his defense attorney so requested.

Release in the absence of judgment

61.  (A)   If, after an indictment was filed against him an arrestee was under arrest for a cumulative period of nine months because of that indictment, and if his trial in the first instance did not end with a judgment, then he will be released from arrest, either on bail or without bail.

(B)   Repealed.

Extension or renewal of arrest

62.   Notwithstanding the provisions of sections 59 to 61, a Supreme Court judge is entitled to order an arrestee's arrest to be extended or that he be rearrested for a period which will not exceed 90 days, and he is entitled to repeat that order from time to time, and he is also entitled to order the defendant to be released, either on bail or without bail.

Release and discharge at end of trial

63.  If a defendant was found innocent, if the indictment was quashed or if legal proceedings were stopped, then he will immediately be released from arrest, if he is under arrest; and if he was released on bail, then he and his guarantors will be relieved of their guaranty and any monetary pledge will be refunded, all as the case may be; however, if the prosecution announced that it intends to appeal, then the court is entitled to release him on bail for reasons that will be recorded, or it is entitled to order his arrest for a period of not more than 72 hours for filing the notice of appeal.

Arrest for a different offense

64.  The provisions of sections 59 to 63 will not prevent the arrest of a suspect or of a defendant, his release on bail or his continued arrest in respect of another act or his arrest under the order of a Court of Appeal.

Authority of a policeman

65.  As long as no indictment was filed, a policeman who is not a prosecutor as stated in Section 12(a)(2) of the Criminal Procedure Law is entitled to conduct proceedings under Article C or under this article, other than proceedings under sections 52 and 53.

Article G': Video Conferencing

Remand and release on bail via video conferencing

65A.  (A) In this section, "Video Conferencing" – communication between two centers enabling the transfer of images and voices in real time.

(B) Video conferencing may be used to hold a hearing on extending suspects detention or releasing the suspect on bail, if all of the following conditions exist:

(1) The suspect is an adult;

(2) A bill of indictment has not been handed down;

(3) The suspect is represented by a defense counsel;

(4) The suspect agreed to the abovementioned hearing/after receiving a reasonable amount of time to meet privately and consult with the defense counsel.

(C) To hold a hearing pursuant to the provisions of Subsection (B), the suspect will be brought to a place designated by the courts administrator, in consultation with the Inspector General of Police or the Prison Service Commissioner, respectively, and the suspect will remain in the designated place until and during the hearing.

(C1) A hearing pursuant to the provisions of Subsection (B) will take place in the court designated by the courts administrator in consultation with the Prison Service Commissioner.

(D) A hearing pursuant to Subsection (B) will be held in a manner to ensure that all of the following will take place:

(1) The suspect will be able to see and hear what is taking place during the court hearing;

(2) The judge, defense counsel, police officer or the prosecutor, respectively, shall be able to hear and see suspects and their surroundings during the hearing;

(3) Confidential conversations between the suspect and his defense counsel before and during the hearing must be allowed. Eavesdropping or wiretapping on confidential conversation as in this section is not permissible, and Section 13 (A) (2) of the Wiretapping Law-1979, does not apply in this case.

(E) When the suspect is brought to the place referred to in Subsection (C), this will be considered part of time in which a suspect must be brought before a judge, and as if the suspect had been brought before a judge, provided that a judge is notified when the suspect is brought to the designated place.

(F) The Minister of Public Security with the approval of the Minister of Justice, and authorization of the Knesset's Constitution Law and Justice Committee, shall determine regulations for the implementation of this section,

(G) The provisions of this section shall not prevent the possibility of holding a hearing for a request to extend the detention or grant release on bail that is not accomplished by means of video conferencing. 

(H) The court may decide, for special reasons that will be recorded, to order a hearing of a request to extend detention or to release on bail without the use of video conferencing, even if the conditions in paragraphs (1) to (4) in Subsection (B) do exist.

Chapter C: Detention

Definitions

66.   In this chapter, "detention" - the restriction of a person's freedom to move freely, because of the suspicion that an offence was committed or in order to prevent commission of an offense, the restriction of freedom being, from its beginning, limited in time and purpose, all as said in this chapter.

Detention of suspect on the spot

67.  (A)   If a policeman has reasonable grounds for the suspicion that a person committed an offence or that he is about to commit an offence which is liable to endanger a person's welfare or safety, public security or national defense, then he is entitled to detain him on the spot in order to ascertain his identity and address, to interrogate him or to deliver documents to him.

(B)  A policeman is entitled to demand from a person that he accompany him to the police station or he is entitled to summon him to the police station for another time which he will prescribe, if the following two conditions apply:

(1)  there are reasonable grounds for the suspicion that he committed an offense or it is very likely that he is about to commit an offense as stated in Subsection (A);

(2)  the identification was insufficient or it is not possible to interrogate him on the spot.

Detaining a witness on the spot

68. (A)   If a policeman has reasonable grounds for the suspicion that an offence was committed, then he is entitled to detain a person who can give him information about that offense in order to ascertain his identity and address and in order to interrogate him on the spot; he is also entitled to summon him to a nearby police station in order to perform the same acts at another reasonable time, which he will prescribe.

(B)   If the identification was insufficient or if there is a suspicion that the person will not appear on time for interrogation, then the policeman is entitled to ask that person to accompany him to the police station in order to take the testimony.

Detention for search and check of documents

69.  If any enactment has vested authority to conduct a search on a person's premises, in his clothes or on his body, or authority to demand that a person present documents, then the person in whom that authority was vested is entitled to detain any person or vehicle in order to make a search or a check of documents possible, and he is also entitled to demand from that person that he give his name and address.

Detention in order to implement arrest warrant or imprisonment order

70.  (A)  If a policeman has reasonable grounds for the suspicion that an arrest warrant or imprisonment order was issued against a person, then he is entitled to detain him until he receives a copy of the warrant or order, in order to implement the arrest or imprisonment according to it.

(B)  If a copy of the warrant or order cannot be obtained on the spot, then the policeman is entitled to demand that the person accompany him to the police station in order to obtain a copy of the warrant or order and in order to implement the arrest or imprisonment according to it.

Detaining a vehicle for a search

71.  (A)   If a policeman has reasonable grounds for the suspicion that an offense subject to arrest was committed and if he believed it necessary to search a vehicle in order to locate the person who committed the offense or its victim, or in order to locate evidence connected to the offense, then he is entitled to order the vehicle to be detained and he is entitled to carry out the said search.

(B)   The provision of Subsection (A) will also apply when there is suspicion that one of the offenses stated in Section 35(B) is about to be committed, or if it is very likely that an offense subject to arrest is about to be committed.

Procedure of detention

72.  (A)  The provisions of Section 24 will apply to the person who makes the detention, mutatis mutandis.

(B)   Notwithstanding the provisions of Subsection (A), if a policeman detains under Section 71, then he will identify himself under the provisions of Section 5A of the Police Ordinance.

Length of detention

73.  (A)  A person or a vehicle will not be detained longer than the time reasonably required - under the circumstances of the case - for performance of the act for which the power to detain was granted.

(B)   In any case, a person or a vehicle will not be detained longer than three hours; however, if a detention is in connection with a large number of involved persons, then the officer in charge is entitled - for reasons which will be recorded – to extend the detention for an additional period of time that will not exceed three additional hours.

Report of detention

74.  At the end of a detention the person who made the detention will draw up a report, in which he will specify the name of the person detained, the reason for and the length of the detention, if one of the following applies:

(1)   the person was brought or summoned to a police station;

(2)   the person was detained for a period of 20 minutes or longer.

Detention by private person

75.  (A)  Any person is entitled to detain another person until a policeman arrives, if one of the following applies:

(1)   the person is suspected to have committed - in his presence - a violent offense, a crime, a theft or an offense that caused real damage to property;

(2)   another person who calls for help points to the suspect who in his presence committed an offense stated in Paragraph (1);

all if there is suspicion that the suspect will escape or that his identity is not known.

(B)   A suspect detained as stated in Subsection (A) will be handed over to a policeman without delay, on condition that the detention does not exceed three hours.

(C)   A person who performs a detention stated in Subsection (A) is entitled to use reasonable force if the suspect refused the request that he be detained, on condition that the use of force not cause injury to the suspect.

Chapter D: Miscellaneous

Amendment of Criminal Procedure Law - No. 24

76.  In the Criminal Procedure Law [Consolidated Version], 1982, sections 21 to 25, 27 to 57 are repealed.

Amendment of Criminal Procedure (Arrests and Searches) Ordinance - No. 29

77.  In the Criminal Procedure (Arrests and Searches) Ordinance (New Version), 1969 -

(1)   in Section 8, replace "for purposes of this article" with "for purposes of the provisions of the Criminal Procedure Law(Powers of Enforcement - Arrests), 1996";

(2)   sections 2 to 7 and 9 to 18A are repealed;

(3)   in Section 44, after "because of arrest" insert "or detention".

Amendment of Penal Law

78.  In the Penal Law 1977 -

(1)   in Section 124 -

(A)   Subsection (B) is repealed;

(B)   in Subsection (C), replace "Criminal Procedure Law 965" with "Criminal Procedure Law [Consolidated Version] 1982";

(2)   in Section l25(A), replace the opening passage up to "however", with "Notwithstanding the provisions of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996".

Amendment of Military Justice Law - No. 31

79.   In the Military Justice Law, 1955 -

(1)   insert after Section 227:

Applicability or Criminal Procedure Law (Powers of Enforcement - Arrests)

227A. Without derogating from the provisions of Section 227, the provisions of sections 32 to 36 of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996 will apply to arrests under sections 231 and 237A, all as the case may be, with the following changes:

(1)   the powers vested in the officer in charge will vest in a Military Police officer;

(2)   the powers vested in a police officer of the rank of Superintendent or higher will vest in a Military Police officer of at least the rank of Captain;

(3)   the powers vested in the Inspector General of Police will vest in the Chief Military Police Officer;

(4)   the powers vested in Attorney General will vest in the Military Advocate General;

(5)   the powers vested in a judge or in the President of a District Court or in a judge of the Supreme Court will vest, as the case may be, in a judge or in the President of a District Court Martial or Special Court Martial and in a judge of the Appeal Court Martial; a military prosecutor will appear before a Court Martial on behalf of the I.D.F.;

(6)   the right to see an advocate will only apply to an advocate qualified to serve as defense attorney under Section 318."

(2)   in Section 243A, Subsection (B), replace "sections 33 to 49 of the Criminal Procedure Law [Consolidated Version] 1982" with "sections 41 and 44 to 58 of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996";

(3)   in Section 243B, Subsection (A), replace "sections 51 to 54 of the Criminal Procedure Law [Consolidated Version] 1982" with "sections 59 to 62 of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996";

(4)   insert after section 243B:

Restriction on applicability of Criminal Procedure Law

243C. Notwithstanding the provisions of Section l(C) of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996, the stated law will apply to arrests under this law only where this law refers to it."

Amendment of Authority to Search in Emergency (Ad Hoc Provisions) Law - No.5

80.  In the Authority to Search in Emergency Law (Ad Hoc Provisions), 1969 -

(1)   in Section 1 -

(A)  in the definition of "member of the Civil Defense", replace "who was granted the power to arrest under Section 4 of the Ordinance" with "who was authorized by the Head of Civil Defense or the District Civil Defense Commander to exercise - as stated in that law - powers under this law, who received appropriate training therefore and in respect of whom there is no consideration of internal security which prevents his being authorized."

(B)   in the definition of "soldier", replace "who was granted the power to arrest under Section 4 of the Ordinance" with "who was authorized by an officer of rank not lower than Colonel to exercise - as stated in that law - powers under this law, who received appropriate training therefore and in respect of whom there is no consideration of internal security which prevents his being authorized."

(2)   insert after Section 2(B):

(C)   in order to exercise his authority under this section a person authorized under Subsection (B) is entitled to detain a person as stated in sections 67 and 71 of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996; if the person refused to be detained or to be searched and if there is suspicion that that person unlawfully has a knife, a firearm or explosive in his possession, then he is entitled to arrest him and the obligations applicable to a policeman who performs an arrest under the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996 and also Section 44 of the Ordinance will apply to him."

Amendment of the Fines, Fees and Costs Collection Center Law

81.  In the Fines, Fees and Costs Collection Center Law 1995, in Section 1, add at the end of Paragraph (6)(A) of the definition of "debt" "and in Section 38 of the Criminal Procedure Law (Powers of Enforcement - Arrests), 1996".

Transitional provisions

82.  If a public servant was granted powers of arrest by the Minister of Public Security before this law went into effect, then he will be treated as if he had been authorized under this law.

Effect

83.  This law will go into effect one year after its publication.

 

Shimon Peres
Prime Minister

David Libai
Minister of Justice

Ezer Weizman
President of the State

Shevach Weiss
President of the Knesseth

 
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