LawCriminal Law
Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996
חוק סדר הדין הפלילי (סמכויות אכיפה – מעצרים), תשנ"ו-1996
Published: 1996-05-12Consolidated Hebrew text as of 2026-06-30 · Last amended 2026-07-29✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Chapter I: General Provisions
Arrest and Application§
1.
(a)There shall be no arrest and no detention except under law or pursuant to law by virtue of express authority therein.
(b)The arrest and detention of a person shall be carried out in a manner that ensures maximum protection of human dignity and of the person's rights.
(c)The provisions of this Law shall apply to arrest and to detention under any law, unless other provisions have been prescribed in that law.
Subject-Matter Jurisdiction§
2.
Subject-matter jurisdiction to hear a matter dealt with in this Law shall vest in—
(1)so long as an indictment has not been filed — the Magistrate's Court;
(2)after the filing of an indictment — the court competent to try the indictment;
(3)on appeal — the appellate court.
Local Jurisdiction§
3.
(a)Subject to other provisions of this Law, local jurisdiction in a matter dealt with in this Law shall vest in the court within whose territorial jurisdiction one of the following occurred:
(1)the offence in connection with which the application is filed was committed, in whole or in part;
(2)the unit responsible for the investigation of the offence in connection with which the application is filed is located;
(3)the person is held under arrest and it is not possible to apply to the court at the places referred to in paragraphs (1) or (2) owing to special circumstances that shall be detailed.
(b)Where an application has been filed with a court under this Law in a matter of arrest or release, that court shall continue to hear every application of that nature within its subject-matter jurisdiction in connection with the same offence, even if local jurisdiction is also vested in another court, unless one of the following has occurred:
(1)the prior application related to an arrest in the circumstances referred to in subsection (a)(3);
(2)the investigation of the offence has been transferred to another investigating unit.
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Contact Us →Chapter II: Arrest and Release
Section A: General Provisions
Preference for Arrest by Order§
4.
The arrest of a person shall be by order of a judge (hereinafter — arrest warrant), unless authority to arrest without an order has been conferred by law.
Commencement of Arrest§
5.
The commencement of a person's arrest is upon one of the following:
(1)in an arrest pursuant to a judge's order issued in the presence of the person — upon the judge's announcement before the person of the making of the order, unless the judge has fixed another time;
(2)in an arrest pursuant to a judge's order issued in the person's absence, or in an arrest not pursuant to a judge's order — upon the lawful delivery of notice as referred to in section 24 by the person effecting the arrest to the person about to be arrested, or upon the performance of an overt act to implement the arrest, in circumstances in which the law exempts from giving notice, as referred to in section 24(b).
Termination of Arrest§
6.
(a)A person's arrest shall terminate upon one of the following:
(1)upon the expiry of the period of arrest fixed for the person;
(2)upon notification to the detainee of a judge's or authorised person's decision to terminate the arrest;
(3)where the termination of the arrest was made conditional upon conditions — upon fulfilment of the conditions.
(b)Where a decision to release a person has been given in the person's absence, notice thereof shall be delivered to that person without delay.
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Contact Us →Section B: Conditions of Detention under Arrest
Detention of a Detainee§
7.
A detainee shall be held in one of the following:
(1)a place of detention, under the responsibility of the Israel Police or the Israel Prison Service, which the Minister of Public Security has declared to be a place of detention; a declaration under this section shall be published in Reshumot (Official Gazette);
(2)a place of supervision, as defined in section 22a.
Separation between Detainees and Prisoners§
8.
(a)A detainee shall be held separately from prisoners who have been sentenced.
(b)A detainee against whom an indictment has not yet been filed shall be held separately from detainees against whom an indictment has been filed, and a detainee in initial arrest shall be held separately from persons who have previously been under arrest or imprisonment, insofar as the conditions of the place of detention permit.
(c)Notwithstanding the provisions of subsections (a) and (b), a detainee may be held other than separately as aforesaid, for reasons of the detainee's welfare or the welfare of the investigation.
Conditions of Arrest§
9.
(a)A detainee shall be held under suitable conditions that do not impair the detainee's health or dignity.
(b)A detainee shall be entitled, inter alia, to all of the following:
(1)suitable sanitary conditions, conditions that enable the detainee to maintain personal cleanliness, medical treatment required for the maintenance of health, and appropriate supervision conditions as required by a doctor;
(2)a bed, mattress and blankets for personal use, and to keep personal belongings as shall be prescribed in Regulations;
(3)drinking water and also food in a quantity and composition suitable for the maintenance of health;
(4)reasonable lighting and ventilation conditions in the cell;
(5)a daily walk in the open air, if the conditions of the place permit, under conditions and at times to be prescribed in Regulations; this right may be restricted for reasons of the welfare of the investigation or the protection of the detainee's wellbeing;
(6)to receive visitors and to maintain telephone contact; a detainee against whom an indictment has not yet been filed shall be entitled to these only if the officer in charge of the investigation has approved that they will not prejudice the investigation;
(7)to send or receive letters in accordance with the provisions of sections 47a to 47d of the Prison Ordinance [New Version], 5732-1971, with the necessary modifications; a detainee against whom an indictment has not yet been filed shall be entitled to these only if the officer in charge of the investigation has approved that they will not prejudice the investigation.
(c)A detainee shall maintain order and property at the place of detention, shall maintain cleanliness in the cell, and shall comply with the instructions regarding the daily routine and modes of conduct prevailing at the place of detention.
(d)The main rights and duties of detainees at a place of detention shall be published in a prominent location at the place of detention.
(e)In this section, "detainee" — a detainee held at a place of detention, within the meaning of section 7(1).
Shackling a Detainee in a Public Place§
9a.
A detainee shall not be shackled in a public place except in accordance with the following provisions:
(1)a police officer believed that there is a reasonable apprehension that the detainee is liable to do one of the following:
(a)to escape or to assist another to escape;
(b)to cause harm to a person or to property;
(c)to interfere with or conceal evidence;
(d)to receive or hand over an object that may be used in the commission of an offence or to disrupt the order of the place of detention;
(2)the detainee is suspected of, or an indictment has been filed against the detainee for, an offence under the provisions of section 23(a)(5), unless a police officer considered that in the circumstances of the matter there is no apprehension as referred to in sub-paragraphs (a) to (d) of paragraph (1);
(3)the Inspector General of the Police shall determine categories of detainees whose shackling requires the approval of a police officer even where the circumstances referred to in paragraphs (1) and (2) are present in relation to them; a determination under this paragraph may be made in Israel Police orders as defined in the Police Ordinance [New Version], 5731-1971, and may be made in procedures by the Inspector General or by a police officer authorised by the Inspector General for that purpose;
(4)a police officer shall notify the judge of a shackled detainee present in the courtroom as referred to in paragraphs (1) and (2); a judge may order the release of a detainee from shackling while the detainee is present in the courtroom;
(5)for the purposes of this section, "public place" — a place to which the public or a portion thereof has access.
Restraint and Disciplinary Measures§
10.
(a)Reasonable measures, including the use of force, may be taken against a detainee where there is an apprehension that the detainee is about to escape or to cause harm to a person or to property, in order to prevent the escape or the harm as aforesaid, and in order to impose order at the place of detention.
(b)Against a detainee who has not fulfilled duties that the detainee is obligated to fulfil at the place of detention, disciplinary measures may be taken after the detainee has been given an opportunity to present arguments before the commander of the place of detention; in this subsection, "disciplinary measures" — one or more of the following: deprivation of the detainee's right to keep belongings, deprivation of the right to receive visitors, deprivation of the right to send letters and to maintain telephone contact, or placement in isolation at a place of detention for a period not exceeding 7 consecutive days.
Regulations§
11.
The Minister of Public Security may, with the approval of the National Security Committee of the Knesset, prescribe in Regulations—
(1)provisions for the implementation of sections 7 to 10;
(2)provisions regarding additional conditions to which a detainee at a place of detention shall be entitled;
(3)the maximum period for which a detainee may be held at a place of detention where it is not possible to fulfil the provisions of section 9(b)(5);
(4)special provisions regarding the application of sections 8 and 9 to the detention of detainees suspected of security offences as referred to in section 35(b), for reasons of the welfare of the investigation or the welfare of the detainee, or the security of the State.
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Contact Us →Section C: Arrest of Suspects by Judge's Order
Judge's Power§
12.
Where an application to arrest a person has been filed, a judge may, after examining the material upon which the application is based, order in a reasoned written decision the arrest of that person, including arrest under electronic monitoring in accordance with the provisions of Section C-1, or release on bail or without bail or subject to such conditions as the judge sees fit; an arrest warrant may be issued whether in the presence or in the absence of the suspect.
Grounds for Arrest prior to Filing of an Indictment§
13.
(a)A judge shall not order the arrest of a person unless the judge is satisfied that there is a reasonable suspicion that the person has committed an offence, not being a contravention, and one of the following grounds exists:
(1)there is a reasonable basis for the apprehension that the release of the suspect or the failure to arrest the suspect will lead to the obstruction of investigation or judicial proceedings, to evasion of investigation, judicial proceedings or the serving of a sentence of imprisonment, or will lead to the concealment of property, the influencing of witnesses, or the impairment of evidence in another manner;
(2)there is a reasonable basis for the apprehension that the suspect will endanger the safety of a person, public safety, or the security of the State;
(3)the court is satisfied, for special reasons that shall be recorded, that it is necessary to conduct investigation procedures that cannot be carried out except while the suspect is under arrest; the court shall not order arrest under this ground for a period exceeding 5 days; if the court is satisfied that the investigation procedure cannot be carried out within the said period, it may order arrest for a longer period or extend it, provided that the total of all periods shall not exceed 15 days.
(b)A judge shall not order arrest under subsection (a) if the purpose of the arrest can be achieved by means of the imposition of bail and bail conditions, the infringement of which upon the suspect's liberty is lesser.
(b1)(Lapsed)
(b2)(Lapsed)
Arrest of a Person Who Has Escaped from Custody§
14.
Where a judge is satisfied, on the basis of a written declaration by a police officer, that a person has escaped from lawful custody, the judge shall order the arrest of that person for the purpose of returning the person to the same custody from which the person escaped.
Procedure§
15.
(a)An arrest application shall be submitted in writing by a police officer and supported by a declaration made after a caution or by an affidavit:
(1)the application shall set out—
(a)the facts conferring jurisdiction upon the court;
(b)a summary of the facts and information upon which the declarant bases the arrest application;
(c)the ground for arrest;
(d)particulars of prior arrests and prior arrest applications relating to the same matter and referring to the suspect, and the court decisions therein.
(2)the following shall be attached to the application—
(a)copies of prior arrest applications in the same matter;
(b)the transcripts of court hearings on the prior arrest applications;
(c)classified material, for the court's inspection only, including classified material that was submitted at prior court hearings.
(a1)(Lapsed)
(b)Notwithstanding the provisions of subsection (a), a judge may hear an urgent application even without the documents referred to in subsection (a)(2), if satisfied that the information required for making the decision is available and for special reasons; in a hearing under this section the period of arrest shall not exceed 24 hours.
(c)The material relating to the arrest application or information upon which the arrest application is based, and all material submitted in proceedings under subsection (e), shall be placed before the judge only; the material shall be marked and returned to the police officer after inspection.
(d)The judge may examine the police officer on the application; if the hearing is conducted in the presence of the suspect, the suspect or defence counsel may also examine the police officer.
(e)Where a police officer has requested that an answer to a question be brought to the knowledge of the court only, or has requested to detail before the court only the facts or information upon which the arrest application is based, the police officer shall submit to the court, in writing, the answer and the reasons for the request; the court may accede to the request and rely upon the material submitted to it in this manner if it finds that providing the answer or disclosing the facts or information in the presence of the suspect and defence counsel is liable to prejudice the investigation or another important public interest; the classified answer shall be marked, returned to the police officer after inspection, and the matter shall be recorded in the transcript. If the judge decides not to accede to the request regarding non-disclosure of the material, the police officer may notify that the police officer withdraws the submission of the material to which the question relates, and upon so doing the material shall not be placed before the suspect and defence counsel for inspection, and the judge shall disregard it for the purposes of decisions.
(f)For the purposes of decisions on an arrest application, the judge may rely upon evidence even if it is not admissible at trial.
(g)The hearing shall be documented in a transcript, without disclosing the content of classified material, and the transcript shall be delivered to the parties.
(h)A hearing on an arrest application not in the presence of the suspect shall be conducted in camera, unless the judge has directed otherwise for special reasons that shall be recorded.
Extension of Arrest§
16.
The following provisions shall also apply to an application to extend the arrest of a suspect or accused:
(1)notice of the time and place of the hearing shall be delivered, without delay, by the police to the suspect, to defence counsel if the suspect has defence counsel, and in the absence of defence counsel — to a person close to the suspect whose name the suspect has given;
(2)the hearing shall be conducted in the presence of the suspect, unless the judge is satisfied, on the basis of a medical opinion, that the suspect is incapable of participating in the hearing due to the suspect's medical condition; in such a case the hearing shall be conducted in the presence of defence counsel, and if the suspect is not represented, the judge shall appoint defence counsel until the suspect is able to appear in court; if the impediment to appearance persists and the period of arrest has not yet expired, the suspect may demand a further hearing;
(3)the hearing shall be conducted in public; however, a judge may direct that the hearing be conducted in camera in accordance with the provisions of section 68(b) of the Courts Law [Consolidated Version], 5744-1984.
16a.§
(Repealed — תש״ף־7)
Conducting a Hearing by Means of Video Conferencing – Temporary Provision§
16b.
(a)Notwithstanding the provisions of sections 16(2) and 57, at the request of a detainee the court may direct that a hearing in the detainee's matter under sections 15, 17, 21, 47, 52, 53, 62 and 62a be conducted not in the detainee's physical presence but with the detainee's participation by means of video conferencing, if the court is satisfied that the detainee's participation in the hearing by video conferencing is sufficient, having regard, inter alia, to the nature of the hearing, the circumstances relating to the detainee, and the degree of importance of the detainee's physical presence in the courtroom, provided that the detainee is an adult, is represented by defence counsel, and has submitted the request through defence counsel; in this section and in sections 16c to 16e, "video conferencing" — as defined in section 133a(a) of the Criminal Procedure Law [Consolidated Version], 5742-1982.
(b)A detainee's request to participate in a hearing by means of video conferencing as referred to in subsection (a) shall be in one of the following manners:
(1)orally, through defence counsel, at a hearing that is being conducted in the detainee's matter in respect of another hearing scheduled in the detainee's matter;
(2)in writing, to the court, through defence counsel, and a copy of the request shall be delivered to the Israel Prison Service and to the prosecutor no later than 72 hours before the time of the hearing; however, in a hearing under section 15, the detainee's request to conduct the hearing with the detainee's participation by means of video conferencing shall be submitted as soon as possible and no later than 24 hours before the time of the hearing.
(c)Where a detainee has requested to participate in a hearing by means of video conferencing, the prosecutor may submit an objection thereto to the court at the hearing or as soon as possible after the hearing or the submission of the request, as the case may be, and the court shall give its decision no later than 48 hours before the time of the hearing; however, where a request has been submitted in respect of a hearing under section 15, a police officer may submit an objection thereto at the hearing or as soon as possible after the hearing or the submission of the request, as the case may be, and the court shall give its decision no later than 20:00 on the eve of the hearing.
(d)Notwithstanding the provisions of subsections (b)(2) and (c), a court may, for exceptional reasons and after the position of the prosecutor or the police officer, as the case may be, has been received, accede to a request for the detainee's participation in a hearing by means of video conferencing after the expiry of the periods referred to in those subsections, provided that the decision is given no later than 20:00 on the eve of the hearing.
(e)Where the detainee is a person with a disability, the court shall direct that the hearing be conducted by means of video conferencing only if it can be conducted while making accessibility adjustments to the extent required in accordance with the provisions prescribed under the Interrogation and Testimony Procedures Law (Adjustment to Persons with Intellectual or Psychiatric Disability), 5766-2005, or under the Equal Rights for Persons with Disabilities Law, 5758-1998.
(f)The provisions of section 133c of the Criminal Procedure Law [Consolidated Version], 5742-1982 shall apply to a hearing by video conferencing under this Law.
(g)Where it was not possible to sign a bail bond under section 49(a) due to the detainee's participation in the hearing by means of video conferencing, the conditions of release shall be detailed and the conditions and the detainee's consent to those conditions shall be recorded in the transcript of the hearing, and the detainee shall be deemed to have signed the conditions that were read out.
Hearings that Shall Not Be Conducted by Means of Video Conferencing§
16c.
Notwithstanding the provisions of section 16b—
(1)the first hearing under section 15 shall be conducted in the presence of the detainee and not by means of video conferencing;
(2)the court shall not order the arrest of a person until the conclusion of the legal proceedings against the person unless at least one substantive hearing under section 21 has been conducted in the physical presence of the detainee in the courtroom; in this section, "substantive hearing" — including a hearing in which arguments were heard on the sufficiency of the evidence, the ground for arrest or the alternative to arrest, or a hearing in which the parties' consent to arrest until the conclusion of the proceedings was given;
(3)a hearing of a detainee who was prevented from meeting with defence counsel before that hearing, in accordance with the provisions of sections 34(e) and (f) and 35, shall be conducted in the presence of the detainee and not by means of video conferencing.
Unforeseen Technical Impediment Proximate to Expiry of Arrest§
16d.
In a hearing under section 15 that was scheduled to be conducted by means of video conferencing pursuant to section 16b, which cannot be conducted proximate to the time of expiry of the arrest by means of video conferencing owing to an unforeseen technical impediment, a judge may, with the approval of the President of the court or the President's deputy, direct, in exceptional cases and for special reasons that shall be recorded, that the hearing be conducted by telephone call; where the arrest has been extended under this section, the court shall revert to hearing the application as soon as possible and no later than 12 hours from the time of giving the decision, in the presence of the detainee or by means of video conferencing, and the provisions of section 29 shall apply with the necessary modifications; notwithstanding the foregoing, the court may, with the approval of the President of the court or the President's deputy, hear the application no later than 24 hours from the time of giving the decision; the detainee may waive, through defence counsel, the conduct of the further hearing as aforesaid.
Validity of temporary provision concerning visual conferencing§
16e.
The provisions of sections 16b to 16d shall remain in force during the period of the temporary provision as defined in section 133f(a) of the Criminal Procedure Law [Consolidated Version], 5742-1982, and shall not apply during the period of validity of a declaration of partial restriction or a declaration of full restriction as referred to in section 133f(c) of that Law, or during the period of validity of a declaration of full restriction or a declaration of security restriction with respect to a person to whom the declaration applies under the Law for the Conduct of Proceedings by Visual Conferencing during a Declaration of Restriction (Detainees, Prisoners and Inmates) (Temporary Provision), 5786-2026.
Arrest before filing of indictment§
17.
(a)Where a judge has ordered the arrest of a suspect in the suspect's presence, the period of arrest shall not exceed 15 days; however, a judge may, from time to time, extend the arrest for periods not exceeding 15 days; nothing in the provisions of this subsection shall derogate from the provisions of the concluding part of section 13(a)(3).
(b)A suspect shall not be held in arrest in one continuous sequence in connection with the same incident, including arrest without an order, for a period exceeding 30 days, unless the application for further arrest has been submitted with the approval of the Attorney General.
(c)Where a judge has ordered the arrest of a suspect other than in the suspect's presence, including arrest under section 14, and the suspect has not been released beforehand under section 20, the suspect shall be brought before a judge as soon as possible and no later than 24 hours from the time of arrest; where the detainee has been brought before a judge, the provisions of subsection (a) shall apply.
(d)Where a person has been arrested and the investigation has been concluded, that person shall be released from arrest; however, where a prosecutor has declared that an indictment is about to be filed against that person and the court is satisfied that there is a prima facie ground to apply for arrest until the conclusion of proceedings, a judge may, on that ground, extend the arrest for a period not exceeding 5 days, subject to the provisions of subsection (b).
Arrest order§
18.
(a)An arrest order shall be in writing and shall set out —
(1)the court, the case number and the name of the judge who issued the order;
(2)the full name of the suspect and additional particulars enabling identification of the suspect;
(3)a description of the offence of which the suspect is suspected;
(4)the grounds on the basis of which the arrest order was issued;
(5)the obligation of the person executing the arrest to bring the suspect before a judge as soon as possible, unless a decision has been made to release the suspect beforehand;
(6)where execution of the order is imposed upon a public servant who is not a police officer — the position of that person and the source of authority for execution of the arrest;
(7)the date on which the order was given, the date of its issue and the date of expiry of its validity.
(b)An arrest order shall be signed by the judge who issued it and shall bear the seal of the court; where the judge is unable to sign the order, another judge shall sign it after examining the decision of the judge who issued the order.
Execution of arrest order§
19.
(a)An arrest order issued other than in the presence of the suspect shall be executed by a police officer or by a public servant who has been authorised to do so.
(b)An order issued under subsection (a) shall be valid for 180 days, unless the judge has extended that period by a reasoned decision in writing.
(c)An arrest order issued in the presence of the suspect shall be executed on the spot by a police officer or a public servant who has been authorised to do so, unless the court has directed that it be executed at a different time.
Release of detainee under arrest order by police officer§
20.
Where a person has been arrested pursuant to an order of a judge, and the judge has not determined that the detainee shall be brought before the judge for the purpose of release, or the conditions of bail for release, or release without bail, a police officer may order the release of the detainee, before the expiry of the period of arrest prescribed in the order, without bail, or may fix bail, provided that the detainee or the detainee's defence counsel has agreed to the bail fixed.
Arrest after filing of indictment§
21.
(a)Where an indictment has been filed, the court before which the indictment has been filed may order the arrest of the accused until the conclusion of the legal proceedings, including arrest under electronic monitoring, if one of the following has been fulfilled:
(1)The court considers, on the basis of material submitted to it, that one of the following has been fulfilled:
(a)there is a reasonable ground for concern that the release of the accused or the failure to arrest the accused will lead to obstruction of judicial proceedings, evasion of trial proceedings or serving a sentence of imprisonment, or will lead to concealment of property, influencing of witnesses or harm to evidence in another manner;
(b)there is a reasonable ground for concern that the accused will endanger the security of a person, public security or the security of the State;
(c)the accused has been charged with one of the following:
(1)an offence punishable by death or life imprisonment;
(2)a security offence as referred to in section 35(b);
(3)an offence under the Dangerous Drugs Ordinance [New Version], 5733-1973, except for an offence relating to use of a drug or possession of a drug for personal use;
(4)an offence committed with serious violence or cruelty or involving the use of a cold or hot weapon;
(5)an offence of violence against a family member as defined in the Law for the Prevention of Domestic Violence, 5751-1991,
it shall be presumed that the ground referred to in subsection (b) is fulfilled, unless the accused proves otherwise.
(2)The court ordered the provision of bail and the bail was not provided to the satisfaction of the court, or a condition of the bail was breached, or a ground for revocation of release on bail has arisen.
(b)The court shall not issue an arrest order under subsection (a) unless it is satisfied, after having heard the parties, that there is prima facie evidence to prove the charge; and in respect of subsection (a)(1), the court shall not so order unless the following have also been fulfilled:
(1)the purpose of the arrest cannot be achieved by way of release on bail and conditions of release that are less restrictive of the accused's liberty;
(2)the accused has defence counsel, or the accused has given notice that the accused does not wish to be represented by defence counsel.
(c)Where the accused does not have defence counsel and has not given notice as referred to in subsection (b)(2), the court shall appoint defence counsel for the accused, and the provisions of Chapter II of the Criminal Procedure Law [Consolidated Version], 5742-1982 (hereinafter — the Criminal Procedure Law), or the provisions of the Public Defender Law, 5756-1995 (hereinafter — the Public Defender Law), as the case may be, shall apply in that regard; as long as defence counsel has not been appointed, the court may order the arrest of the accused for periods not exceeding 7 days at a time, provided that the aggregate of the periods shall not exceed 30 days.
(d)Notwithstanding the provisions of subsection (b), the court may, upon application by the accused or defence counsel, adjourn the hearing, in order to enable the accused or defence counsel to review the investigation material, and order that the accused be held in arrest for a period not exceeding 30 days.
(d1)(Lapsed)
(d2)(Lapsed)
(e)An arrest order under this section shall remain in force until judgment is given, unless the court has determined otherwise; the provisions of section 20 shall not apply to an arrest order under this section.
Arrest report§
21a.
(a)In a hearing on an application for arrest under sections 12 and 21 and on an appeal against a decision under those sections, the court may direct the submission of an arrest report, and may direct release under the supervision of a probation officer, as referred to in section 48(a)(6); an arrest report shall not serve as a probation officer's report for the purposes of sentencing, pursuant to the provisions of section 37 of the Penal Law, 5737-1977 (hereinafter — the Penal Law); the provisions of section 191 of the Criminal Procedure Law shall apply to an arrest report; however, in an application for arrest under section 12, the court shall not direct the submission of an arrest report in respect of a person who has been in arrest for fewer than five days until the time of its decision, except in special cases.
(b)An arrest report shall include the personal circumstances of the accused, the significance of the arrest, alternatives to arrest and to release, or a recommendation concerning special conditions for release on bail and supervision thereof.
Power of arrest pending appeal§
22.
(a)Where a conviction judgment has been given against an accused who was held in arrest until the conclusion of the proceedings and no sentence of actual imprisonment has been imposed on the accused, and the prosecutor has given notice of an intention to appeal against the leniency of the sentence and to seek actual imprisonment, the court that convicted the accused may release the accused on bail or, if satisfied that there is concern that the accused will abscond, order the arrest of the accused for a period not exceeding 72 hours for the purpose of filing a notice of appeal.
(b)Where a notice of appeal against a judgment has been filed by a prosecutor, the appellate court may order the arrest of the accused in accordance with the provisions of section 21.
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