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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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.
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Section D: Arrest of Suspects without a Judge's Order and Provisions Relating to Arrest
Power of a Police Officer to Arrest without a Warrant§
23.
(a)A police officer is empowered to arrest a person if the officer has reasonable grounds to suspect that that person has committed an arrestable offence and one of the following conditions is met:
(1)the person commits or has recently committed an arrestable offence in the officer's presence, and the officer believes, on that account, that the person may endanger the safety of a person, public safety or State security;
(2)the officer has reasonable grounds for concern that the suspect will not appear for investigation proceedings;
(3)the officer has reasonable grounds for concern that the release of the suspect or the failure to arrest the suspect will lead to the obstruction of judicial proceedings, including the concealment of property, influencing witnesses or otherwise impairing evidence;
(4)the officer has reasonable grounds for concern that the suspect will endanger the safety of a person, public safety or State security;
(5)the person is suspected of having committed one of the following:
(a)an offence punishable by death or life imprisonment;
(b)a security offence as referred to in section 35(b);
(c)an offence under the Dangerous Drugs Ordinance [New Version], 5733-1973, except an offence relating to the use of a drug or the possession of a drug for personal use;
(d)an offence committed with serious violence or cruelty or involving the use of a firearm or a bladed weapon;
(e)an offence of violence against a family member as defined in the Law for the Prevention of Domestic Violence, 5751-1991;
(6)the person is released on bail and there are reasonable grounds to believe that the person has violated a condition of release or is about to abscond from justice, or the person is detained in electronic monitoring arrest and there are reasonable grounds to believe that the person has violated a condition of the monitoring plan, or there are reasonable grounds for concern that the person has escaped from lawful custody;
(7)in this Law, "arrestable offence" means any offence other than a contravention.
(b)A police officer is empowered to arrest a person and bring that person to the police station for the purpose for which the officer sought to detain the person, if the person does not comply with the officer's instructions given pursuant to the detention powers conferred on the officer by law, or if the person obstructs the officer in the exercise of the detention powers.
(c)A person shall not be arrested under this section if detention suffices.
Execution of the Arrest§
24.
(a)The person making an arrest shall first identify himself or herself to the suspect by stating the arrester's name or official designation and status as a police officer or public servant, shall immediately notify the suspect that the suspect is under arrest and shall clarify the reason for the arrest as soon as possible in the course of executing the arrest; a police officer shall also identify himself or herself in accordance with the provisions of section 5a of the Police Ordinance [New Version], 5731-1971 (hereinafter — the Police Ordinance), and a public servant shall also identify himself or herself by presenting a document attesting to the arrester's authority. Where the arrest is made pursuant to a judge's warrant, the person executing the arrest shall provide the detainee with a copy of the warrant.
(b)The provisions of subsection (a), except for the duty to notify the suspect of the arrest and to provide the suspect with a copy of the warrant, shall not apply —
(1)if it is clear from the circumstances of the matter that the identity of the police officer and the reason for the arrest are known to the detainee;
(2)if compliance therewith is likely to frustrate the execution of the arrest;
(3)if compliance therewith is likely to cause harm to the safety of the person executing the arrest during the execution of the arrest or to the concealment of evidence;
once the circumstances that prevented compliance with the provisions of subsection (a) have passed, the person executing the arrest shall comply with those provisions as early as possible.
(c)Compliance with the duties referred to in subsections (a) and (b) is a condition for the lawfulness of the arrest.
Bringing a Detainee to a Police Station§
25.
(a)A police officer who has arrested a person without an arrest warrant shall bring that person, without delay, to a police station (hereinafter — the station), and shall transfer the person to the authority of the officer in charge of investigations at the station, in that officer's absence — to the station commander, and in their absence — to the officer in charge of the station (hereinafter — the officer in charge), unless the police officer finds, after the arrest, that the person may be released.
(b)Notwithstanding the provisions of subsection (a), the police officer may —
(1)bring the detainee to another place so that the detainee may receive urgent medical treatment needed by the detainee;
(2)leave the detainee at the place of arrest or bring the detainee to a place where the police officer's presence is required —
(1)where the police officer's presence at that place is necessary to prevent harm to a person, to public safety or to State security;
(2)for the purpose of continuing the investigation where it is not possible for the police officer to bring the detainee to the station personally or through another police officer;
(3)remain with the detainee at the place of arrest or bring the detainee to the scene of the incident, where the interests of the investigation require urgent action there in the presence of the detainee;
(4)bring the detainee to another place where the detainee's presence is required there, in order to prevent immediate and serious harm to public safety or to State security, or death or serious bodily harm to a person;
(5)bring the detainee to another place, with the detainee's consent, in order to seize evidence or to prevent its destruction.
(c)Once the circumstances that prevented the bringing of the detainee to the station have passed, the detainee shall be brought, without delay, to the station.
(d)If the officer in charge is absent from the station or is prevented from considering the release of a detainee, a police officer duly authorised in accordance with Israel Police Orders, as defined in section 1 of the Police Ordinance, may release the detainee in accordance with the provisions of this Law; provided that if the officer orders release on bail, the officer shall obtain the approval of the officer in charge for the bail and its conditions.
(e)A detainee released on bail under subsection (d) shall be deemed to have been released by the officer in charge.
Arrest Report by a Police Officer§
26.
(a)Once a detainee has been brought to the station and transferred to the authority of the officer in charge, the police officer who arrested the detainee shall prepare, as soon as possible, a written report setting out the circumstances of the arrest and the grounds therefor, including the facts that formed the basis for the suspicion of the commission of an offence, the officer's actions under section 24, the reasons for the officer's actions under section 25 — if any, and the names of the other police officers who participated in the execution of the arrest.
(b)A police officer who arrested a person and released that person, as referred to in section 25, shall prepare, as soon as possible after the arrest, a report that shall be transferred to the officer in charge as referred to in subsection (a).
Inquiry by the Officer in Charge§
27.
(a)Where a person has been arrested without an arrest warrant and brought to the police station, the officer in charge shall ascertain whether one of the conditions in section 23 has been met.
(b)If the officer in charge finds that none of the conditions referred to in section 23 has been met, the officer shall release the detainee on the spot, unless there is a ground for detention under section 13.
(c)If the officer in charge finds that there is a ground for detention under section 13, the officer may, after explaining the officer's considerations to the suspect, arrest the suspect or release the suspect on bail.
(d)If a person comes to the police station or is brought thereto not being under arrest, and the officer in charge finds that there is a ground for detention under section 13, the officer may, after explaining the officer's considerations to the suspect, arrest the suspect or impose bail on the suspect.
(e)A detainee in respect of whom there are reasonable grounds to believe that the detainee has escaped from lawful custody shall be arrested without the possibility of release on bail.
Hearing of the Detainee's Arguments§
28.
(a)The officer in charge shall not decide on the arrest of a person, on the continuation of the person's arrest or on the person's release on bail, and shall not determine the type of bail, its amount and its conditions, without first giving that person an opportunity to be heard, after cautioning the person that the person is not obliged to say anything that may incriminate the person, that anything said may be used as evidence against the person and that the person's refusal to answer questions may strengthen the evidence against the person.
(b)If the suspect's defence counsel is present at the police station at the time of the officer in charge's decision, the officer in charge shall hear the defence counsel before giving the decision if the defence counsel requests to be heard; nothing in the provisions of this subsection shall oblige the officer in charge to await the arrival of the defence counsel or to permit a meeting between the suspect and the defence counsel contrary to a decision under sections 34 and 35.
Bringing the Detainee before a Judge§
29.
(a)A person arrested by the officer in charge under section 27 shall be brought before a judge as soon as possible and no later than 24 hours.
(b)If the time for bringing a detainee before a judge falls on a Sabbath or holiday, the detainee shall be brought before a judge before the commencement of the Sabbath or holiday.
(c)If the time for bringing a detainee before a judge as referred to in subsection (b) falls on a Sabbath or holiday and a police officer of the rank of Deputy Commissioner confirms that it is not possible to bring the detainee before a judge before the commencement of the Sabbath or holiday due to special investigative needs, the detainee shall be brought before a judge no later than the end of four hours from the conclusion of the Sabbath or holiday.
(d)If the arrest was carried out fewer than four hours before the commencement of the Sabbath or holiday, or during the Sabbath or holiday, the detainee shall be brought before a judge no later than the end of four hours from the conclusion of the Sabbath or holiday, or at the end of 24 hours from the time of arrest, whichever is the later.
(e)
(1)If the duration of the holiday or the combination of the holiday and the Sabbath exceeds 48 hours, and it is not possible to bring the detainee before a judge until shortly before the commencement of the Sabbath or holiday, the detainee shall be brought before a judge as soon as possible after the conclusion of the Sabbath or holiday, or at the end of 24 hours from the time of arrest, whichever is the later;
(2)If the combination of the Sabbath and the holiday exceeds 72 hours, the detainee shall be brought before a judge no later than the end of 32 hours from the time of arrest;
(3)If a detainee requests not to be brought before a judge before the conclusion of the Sabbath or holiday, the detainee shall be brought before a judge as soon as possible after the conclusion of the Sabbath or holiday.
(f)The Minister of Justice and the Minister of Internal Security shall, with the approval of the Constitution, Law and Justice Committee of the Knesset, determine arrangements for the conduct of hearings under this section.
In this section, "holiday" means a festival of the festivals of Israel listed in section 18a(a) of the Law and Administration Ordinance, 5708-1948.
Urgent Investigative Actions§
30.
Notwithstanding the provisions of section 29, if the officer in charge finds that there is a need to carry out an urgent investigative action that cannot be carried out except during the suspect's detention, and that cannot be deferred until after the detainee has been brought before a judge, or that there is a need for urgent action required in connection with an investigation into an offence as referred to in section 35(b), the officer in charge may delay the bringing of the detainee before a judge, for the purpose of carrying out that action, for a period not exceeding 48 hours from the commencement of the arrest.
Release of the Detainee at the Police Station§
31.
(a)Once the actions under section 30 have been completed, the detainee shall be brought before a judge as soon as possible, unless the officer in charge has decided to release the detainee without bail, or on bail and on conditions determined by the officer in charge.
(b)If the detainee has not been brought before a judge as soon as possible under subsection (a) or under section 29, as the case may be — the detainee shall be released.
Explanation of Rights to a Detainee§
32.
Where the officer in charge has decided to arrest the suspect, the officer shall immediately clarify to the suspect the fact of the arrest and the reason for the arrest in language understandable to the suspect, to the extent possible, as well as —
(1)the suspect's right to have notification of the arrest communicated to a person close to the suspect and to a lawyer, and the suspect's right to meet with a lawyer, all subject to the provisions of sections 34 to 36; as well as the suspect's right to be represented by defence counsel as referred to in section 15 of the Criminal Procedure Law or under the Public Defender Law;
(2)the length of time for which the suspect may be held in custody until released or until brought before a judge.
Delivery of Notices of Arrest§
33.
(a)Where the officer in charge has decided to arrest the suspect, notice of the arrest and the suspect's whereabouts shall be delivered, without delay, to a person close to the suspect who the suspect has named and who can be located by reasonable means, unless the detainee has requested that such notice not be delivered; if the detainee's whereabouts change, the police shall also give notice of that fact.
(b)At the detainee's request, and subject to the provisions of section 14 of the Criminal Procedure Law, notice as referred to in subsection (a) shall also be delivered to the lawyer named by the detainee or to one of the lawyers whose name appears on the list referred to in subsection (c).
(c)The officer in charge is responsible for implementing the provisions of this section; the officer shall inform the detainee of the detainee's rights as referred to in section 32, and shall also provide the detainee with a list of lawyers willing to serve as defence counsel for detainees, prepared by the Bar Association; the detainee shall confirm by signature that the notice has been delivered to the detainee.
Right of a Detainee to Meet with a Lawyer§
34.
(a)A detainee is entitled to meet with a lawyer and to consult with one.
(b)Where a detainee has requested to meet with a lawyer, or where a lawyer appointed by a person close to the detainee has requested to meet with the detainee, the person in charge of the investigation shall enable this without delay.
(c)The detainee's meeting with the lawyer shall take place in private and under conditions that ensure the confidentiality of the conversation, but in a manner that allows supervision of the detainee's movements.
(d)Where the detainee is, at that time, in the midst of investigation proceedings or other activities connected with the investigation, such that the detainee's presence is required in order to complete them, and where holding the meeting with the lawyer without delay, as referred to in subsection (c), would necessitate their interruption or their deferral to another time, and the commanding officer of the rank of chief inspector or above (hereinafter in this Section — the commanding officer) is of the opinion that their interruption or deferral could materially jeopardise the investigation, the commanding officer may, by a reasoned written decision, order that the detainee's meeting with the lawyer be deferred for the time required to complete the activity, provided that the interruption shall not exceed a few hours.
(e)Where the commanding officer is of the opinion that the detainee's meeting with the lawyer is liable to frustrate or disrupt the arrest of additional suspects in the same matter, or to prevent the discovery of evidence or the seizure of anything obtained in connection with the same offence, the commanding officer may order, by a reasoned written decision, that the meeting be deferred for the period required, provided that it shall not exceed 24 hours from the time of arrest.
(f)Notwithstanding the provisions of subsection (b), the commanding officer may, by a reasoned written decision, order that a detainee not be permitted to meet with a lawyer for a period not exceeding 48 hours from the time of arrest, if satisfied that this is necessary in order to protect human life or for the purpose of preventing a felony, or that it involves a security offence and one of the grounds set out in section 35(a) is present; nothing in the provisions of this subsection shall derogate from the right of a detainee who has so requested to be given a reasonable opportunity to meet with a lawyer before being brought before the court in the matter of the detainee's arrest.
Meeting with a Lawyer in Security Offences§
35.
(a)Where a detainee suspected of a security offence has requested to meet with a lawyer, or where a lawyer appointed by a person close to the detainee has requested to meet with such a detainee, the officer in charge shall enable the meeting as soon as possible, unless one of the following applies:
(1)the meeting is liable to disrupt the arrest of other suspects;
(2)the meeting is liable to interfere with the discovery of evidence or its seizure, or to disrupt the investigation in any other way;
(3)preventing the meeting is necessary in order to prevent an offence or to protect human life.
Nothing in this subsection shall prevent the deferral of a meeting pursuant to section 34(d), and the authority of the commanding officer established in that section shall vest in the officer in charge under this section.
(b)In this Law, "a person suspected of a security offence" — a person suspected of an offence under one of the following:
(1)Section B or Section D of Chapter VII of the Penal Law, 5737-1977, and also sections 122a, 143, 144, 146 and 147 of that Law;
(2)regulations 58, 59, 62 and 64 of the Defence (Emergency) Regulations, 1945;
(3)a serious terrorist offence as defined in the Law for the Struggle against Iran's Nuclear Programme, 5772-2012;
(4)the Law for the Prevention of Infiltration (Offences and Jurisdiction), 5714-1954;
(5)(Repealed)
or a person detained under the Law for the Extension of the Validity of Emergency Regulations (Judea and Samaria and the Gaza Strip — Jurisdiction in Offences and Legal Assistance), 5728-1967, who is suspected of an offence that, had it been committed in Israel, would have been one of the offences listed in paragraphs (1) to (5).
(c)The deferral of a detainee's meeting with a lawyer pursuant to subsection (a) shall not exceed 10 days and shall be for reasons that shall be recorded; notice of the deferral of the meeting shall be given to the detainee, and upon the detainee's request, notice of the deferral and of its period shall be given to a person close to the detainee whom the detainee has named.
(d)The President of the District Court may order that a detainee shall not meet with a lawyer, or extend the period referred to in subsection (c), if an application is made to that effect with the approval of the Attorney General and if one of the grounds set out in subsection (a) is present; provided that the aggregate of all periods during which the meeting with a lawyer has been prevented shall not exceed 21 days; an application under this subsection shall be heard ex parte only, and on behalf of the applicant a police officer of the rank of chief inspector or above shall appear; the parties may appeal against a decision under this subsection before the Supreme Court, which shall hear the matter before a single judge.
(e)Where a suspect's meeting with a lawyer has been deferred pursuant to subsection (a), the suspect may appeal against the decision before the President of a District Court, or in the President's absence — before the Deputy President of a District Court; a decision of the court may be appealed before the Supreme Court, which shall hear the matter before a single judge.
(f)Proceedings in an appeal under subsection (e) shall be conducted in the absence of the detainee, unless the court has ordered that the proceedings be held in the detainee's presence.
(g)Proceedings in an appeal or in an application for the arrest or release of a detainee whose meeting with a lawyer has been deferred pursuant to this section shall be held with the detainee and the defence counsel separately, in a manner that prevents contact between them, unless the judge has decided, for reasons that shall be recorded, that holding the proceedings in the presence of both the detainee and the defence counsel together would not frustrate the purpose of deferring the meeting.
(h)Proceedings under subsections (f) and (g) shall be conducted in accordance with Regulations to be made by the Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset.
(i)In proceedings under subsections (f) and (g), the court may admit evidence, including evidence concerning the reasons recorded for preventing the meeting, even without the presence of the suspect or the defence counsel or without disclosing it to them, if satisfied that disclosure of the evidence to the suspect or to the defence counsel is liable to harm State security or to frustrate the investigation; this provision does not derogate from any right not to submit evidence under Chapter III of the Evidence Ordinance [New Version], 5731-1971.
(j)Where the court has decided to permit the meeting between a lawyer and a detainee pursuant to this section, and a representative of the State has announced at the time of delivery of the decision a wish to appeal against it, the court may order that the meeting be stayed for a period not exceeding 48 hours. For this purpose, Sabbaths and festivals shall not be counted in the reckoning of hours.
(k)Where a detainee as referred to in subsection (a) has requested to appoint defence counsel for himself and has been prevented from doing so, the detainee may petition the District Court in respect thereof, and the proceedings on the petition shall be held before the court within 48 hours of the filing of the petition.
(l)The Minister of Justice, in consultation with the Minister of Defence and with the approval of the Constitution, Law and Justice Committee of the Knesset, may make Regulations for the implementation of this section, including the designation of the officer in charge for the purposes of this section.
Stay of Notification of Arrest by Court§
36.
(a)Notwithstanding the provisions of sections 33 to 35 or any other law, a judge of a District Court may permit that notice of the arrest of a person for a security offence as referred to in section 35(b), or another felony punishable by imprisonment of 10 years or more, shall not be given, or that notice shall be given only to such persons as the judge shall specify, if the Minister of Defence has confirmed in writing that State security requires the confidentiality of the arrest, or if the Inspector General of the Police has confirmed in writing that the interests of the investigation require the confidentiality of the arrest.
(b)A permission under subsection (a) shall be for a period not exceeding 48 hours; and it may be extended from time to time, provided that the aggregate of all periods shall not exceed 7 days, and in respect of offences listed in section 35(b) shall not exceed 15 days if the Minister of Defence has confirmed in writing that State security so requires.
(c)An application under this section shall be heard ex parte only, and on behalf of the applicant the commanding officer or the officer in charge as referred to in sections 34 and 35 shall appear.
Arrest Report by the Commanding Officer§
37.
The commanding officer who has made a decision concerning the arrest or release of a suspect shall prepare a written report, stating the officer's name and bearing the officer's signature; the report shall detail, as applicable:
(1)the name of the detainee and the detainee's personal particulars;
(2)the date and time of the arrest and the name of the police officer who effected the arrest;
(3)the circumstances of the arrest, the particulars of the offence and the facts that served as grounds for the arrest;
(4)the actions taken in respect of the detainee pursuant to section 25, before the detainee was brought to the police station, the names of the police officers who participated in those actions and the times at which they were carried out;
(5)the decisions of the commanding officer concerning release or arrest, release on bail with or without conditions, or concerning the taking of investigative measures pursuant to section 30, together with the reasons therefor;
(6)compliance with the requirements of sections 32 and 33, the names of those who carried out the requirements and the names of those who received the notices;
(7)the investigative actions taken pursuant to section 30 and the time of their being taken;
(8)whether an application was made to permit the detainee to meet with a lawyer, the name of the applicant and the time of the meeting; if the meeting was deferred pursuant to sections 34 and 35(a) to (d) — the reasons therefor;
(9)the detainee's statements pursuant to section 28.
Compensation for Arrest§
38.
(a)Where a person has been arrested and released without an indictment having been filed against the person, and the court finds that there were no grounds for the arrest, or sees other circumstances that justify compensating the person, the court may order that the State Treasury pay the person compensation for the arrest and the costs of the defence in an amount to be determined by the court.
(b)Where a person has been arrested and released, and the court finds that the arrest was the result of a vexatious complaint filed in bad faith, the court may, after affording the complainant an opportunity to argue submissions on the matter, order the complainant to pay the arrested person compensation for the arrest and the costs of the defence in an amount to be determined by the court.
(c)The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, may make Regulations —
(1)concerning the proceedings on an application for compensation under this section, both before approaching the court and before the court;
(2)prescribing maximum amounts of compensation under subsection (a).
(d)A decision of a court under this section is subject to appeal as a judgment in criminal proceedings.
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