Criminal Procedure Ordinance (Arrest and Search) [New Version]

In this Ordinance —

"Judge" — a judge of a Magistrate's Court or a judge of a District Court;

"Article" — including a document, certificate, or living creature.

Definitions

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

The Inspector General of the Police, with the approval of the Minister of Police, shall determine by Order published in the Official Records the places that shall be police stations for the purposes of this Division.

Arrest and Release

by the Officer in Charge

of the Station

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

(Repealed)

A person empowered to arrest another who is liable to arrest may use any reasonable means necessary to effect the arrest, if the person resists arrest or attempts to evade it.

Every person is obliged to assist a police officer or another person who reasonably demands his assistance in arresting a person whom he is authorized to arrest or in preventing that person's escape.

A person effecting an arrest may take from the arrested person any offensive weapon found on him, and shall deliver any weapon so taken to the judge or police officer before whom the arrested person is required by law to be brought.

A judge may issue an Order to conduct a search in any house or place (hereinafter — search Order) if —

[Search Order]

[Search Order]

A police officer may, without a search Order, enter and search any house or place if —

(Repealed)

A search, whether pursuant to an Order or without an Order, shall be conducted in the presence of two witnesses who are not police officers, unless —

[Search]

A list of all articles seized in the course of a search, whether conducted pursuant to an Order or without an Order, and the places in which they were found, shall be drawn up by the person who conducted the search and shall be signed by the witnesses or bear their seal.

[Found]

The occupier of the house or place being searched, or a person on his behalf, shall be permitted to be present during the search, and upon his request a copy of the list of articles seized, signed by the witnesses or bearing their seal, shall be delivered to him.

[Permitted]

Where a person is found in or near a house or place being searched, and there is reasonable ground to suspect that he is concealing on him an article being searched for, or which may lawfully be searched for — his belongings or his person may be searched forthwith; a list of the articles found and seized shall be drawn up and signed by witnesses, as provided in Section 27, and a copy of the list so signed shall be delivered to that person upon his request.

A judge may Order that a search be conducted before him in any house or place in respect of which he is competent to issue a search Order.

[To Conduct a Search]

Where an article the use or possession of which is prohibited has been brought before a judge pursuant to a search Order, and the person in possession thereof has not established lawful justification, the judge may Order its confiscation, spoilage, or destruction, even if no person is brought to trial in connection therewith.

[Judge's Powers Regarding Articles Found]

[Articles]

Where an article has been seized as provided in Section 32, or an article to which one of the conditions referred to in Section 32 applies has come into the possession of the police, the police may, subject to the provisions of Section 34, retain it until it is submitted to the court.

Upon the application of a police officer authorized for that purpose by a police officer of the rank of sub-inspector or higher, either generally or for a particular matter (hereinafter — authorized police officer), or upon the application of a person claiming a right in the article, a Magistrate's Court may Order that the article be delivered to the claimant of the right or to a specified person, or that it be otherwise dealt with as the court shall direct — all subject to such conditions as shall be prescribed in the Order.

[Pursuant to an Order]

If within six months from the date of seizure of the article by the police, or from the date it came into their possession, the trial in which the article is required to serve as evidence has not been submitted and no Order has been made in respect of that article pursuant to Section 34, the police shall return the article to the person from whose possession it was taken; however, a Magistrate's Court may, upon the application of an authorized police officer or an interested person, extend the period subject to such conditions as it shall prescribe.

[By the Police]

[Court's Determination Regarding Seized Article]

Where the article has been submitted as evidence to the court, the court may, either in its Judgment on the matter before it or by a special Order, direct what shall be done with it; the provisions of this Section are in addition to, and not in derogation of, the powers of the court under any other law.

[As Evidence]

Where a trial has been submitted and the article has not been submitted as evidence to the court — if the trial was against a person for an offence committed by means of or in respect of that article, the court may Order as provided in Section 34; if no Order has been made pursuant to Section 34 or if the trial was not against a person for an offence as aforesaid, the police shall return the article to the person from whose possession it was taken.

Where the article is a living creature or a commodity liable to deteriorate, whether by reason of its special nature or for any other reason, and no Order has been made in respect of it pursuant to Section 34, a Magistrate's Court may, upon the application of an authorized police officer or a person claiming a right in the article, Order that the article be sold by public tender or at the prevailing price on that day; the proceeds of sale shall be returned to the person from whose possession the article was taken, provided however that if within the periods prescribed pursuant to Section 35 a trial has been submitted against a person for an offence committed by means of or in respect of the seized article, the proceeds of sale shall be dealt with as the court shall direct.

Notwithstanding anything in any law, the court may, in addition to any punishment it imposes, Order the forfeiture of an article seized pursuant to Section 32, or that came into the possession of the police as provided in Section 33, if the person convicted of the act of the offence committed by means of or in respect of the article is the owner of the article; such an Order shall have the same effect as a punishment imposed upon the accused.

[Or Right of a Person]

Where a person who is not a party to the offence claims ownership of the forfeited object or a right therein, such person may, within one year from the date of the forfeiture Order or within such additional period as may be specified in that Order, apply to the court that ordered the forfeiture to cancel the Order, and the court may do so and order the delivery of the object to the applicant, for the purpose of ownership or the realization of such person's right only, all as the case may be.

or lost]

Where the object ordered to be delivered as referred to in Section 40 has been sold, the proceeds of sale shall stand in its place; where the object has been lost, the court may, if satisfied that there was misconduct or negligence in its safekeeping, order the State Treasury to pay damages in Torts in such amount as it shall determine.

Where a judge considers that the production of an object is necessary or desirable for the purposes of an investigation or trial, such judge may summon any person in whose possession or custody the object is presumed to be, to appear and produce the object or to deliver it, at such time and place as are specified in the summons.

from liability]

A police officer shall not bear civil or criminal liability in respect of an arrest which the court is of the opinion was carried out in good faith and in the interests of public safety; provided that nothing in this Section shall derogate from the power of such officer's superiors to take such disciplinary measures as they may deem necessary.

289 Book of Laws 12 28th Shevat 5729, 16.02.1969

A person residing in a house or place that may be entered by virtue of authority to arrest or search, or the person in charge of such house or place, shall, upon demand, permit free entry and afford every reasonable facility; where, having been so required, such person refuses to permit entry as aforesaid, the person entitled to enter may effect entry by force.

A search of a woman under this Ordinance shall be conducted only by a woman.

This new version shall come into force on the 13th day of Iyar 5729 (1 May 1969).

Yaakov S. Shapira

Minister of Justice