Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969

In this Ordinance –

"judge" means a judge of a Magistrate's Court or a judge of a District Court;

"object" includes a document, record, computer material or animal;

"computer", "computer material" and "output" have the meanings assigned to them in the Computers Law, 5755-1995.

The Inspector General of the Police, with the approval of the Minister of Police, shall determine by Order published in Reshumot (Official Gazette) the places that shall be police stations for the purposes of the provisions of the Criminal Procedure Law (Enforcement Powers – Arrests), 5756-1996.

A person authorised to arrest someone 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 requests his assistance in arresting a person whom he is authorised to arrest or in preventing his escape.

The arresting person may take from the person arrested any offensive weapon in the arrested person's possession, 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 a warrant to conduct a search in any house or place (hereinafter – search warrant) if –

A list of all objects seized in the course of a search, whether conducted pursuant to a warrant or not pursuant to a warrant, and the places where they were found, shall be drawn up by the person who conducted the search and shall be signed by the witnesses or bear their stamp.

The occupant 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 objects seized, signed by the witnesses or bearing their stamp, shall be delivered to him.

If a person is found in or near a house or place being searched and there are reasonable grounds to suspect that he is concealing on his person an object being searched for, or that may lawfully be searched for, his body may be searched, as provided in section 22, immediately; a list of the objects found and seized shall be drawn up and signed by witnesses, as provided in section 27, and a copy of the signed list shall be delivered to the person upon his request.

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

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

Where an object has been seized as referred to in section 32, or an object 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 what is stated in section 34, keep it in custody until it is submitted to the court.

Upon the application of a police officer authorised for that purpose by a police officer of the rank of Superintendent or a higher rank, generally or for a particular matter (hereinafter – authorised police officer), or upon the application of a person claiming a right in the object, a Magistrate's Court may order that the object be delivered to the person claiming the right or to a named person, or that it be dealt with otherwise as the court directs – all subject to the conditions to be prescribed in the order.

If within six months from the day on which an object was seized by the police, or from the day on which it came into their possession, the trial in which the object is to serve as evidence has not been commenced and no order has been made in respect of that object under section 34, the police shall return the object to the person from whose possession it was taken; however, a Magistrate's Court may, upon the application of an authorised police officer or an interested person, extend the period subject to such conditions as it shall determine.

Where an object has been submitted as evidence to the court, the court may, whether in its judgment on the matter before it or by special order, direct what is to 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.

Where a trial has been commenced and the object has not been submitted as evidence to the court, then if the trial was against a person for an offence committed by means of that object or in relation thereto, the court may order as provided in section 34; if no order has been made under section 34 or if there was no trial against a person for such an offence, the police shall return the object to the person from whose possession it was taken.

Where an object 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 under section 34, a Magistrate's Court may, upon the application of an authorised police officer or a person claiming a right in the object, order that the object be sold by public tender or at the current market price on that day; the proceeds of sale shall be returned to the person from whose possession the object was taken, provided that if within the periods prescribed under section 35 a trial has been commenced against a person for an offence committed by means of the seized object or in relation thereto, the proceeds of sale shall be dealt with as the court directs.

Where a person who is not a party to the offence claims ownership of or a right in a forfeited object, that person may, within one year from the day on which the forfeiture order was made or within such additional period as may be fixed in that order, apply to the court that made the forfeiture order to set aside the order, and the court may do so and order that the object be delivered to the applicant, for the purpose of his ownership or for the purpose of realising his right only, all as the case may be.

Where an object ordered to be delivered as provided 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 wilful misconduct or negligence in its custody, order the State Treasury to pay compensation in torts in such amount as it shall determine.