Police Ordinance [New Version]

A person who does any of the following may be arrested by a police officer without a warrant, and is liable to Imprisonment of six months or a Fine of 750 liras:

[as a Military Force]

The Minister and the Minister of Defence may, with the approval of the Foreign Affairs and Defence Committee of the Knesset, prescribe Regulations concerning the administration and discipline of the Israel Police or part thereof declared as aforesaid in Section 92, and likewise apply to them the provisions of the Military Justice Law, 5715-1955, in whole or in part, with such modifications as shall be prescribed, and the provisions of this Ordinance shall continue to apply to them subject to the provisions of the Regulations under this Section.

[of Police Declared as a Military Force]

3 Statutes 5715, p. 171.

402 Book of Laws 17 14 Adar 5731 11.03.1971

Chapter Nine: Regulations

The Minister may make Regulations on the following matters:

[General, with the approval of the Minister]

(Repealed)

This new version shall come into force on the 1st of Nisan 5731 (27 March 1971).

(Section 63)

Definitions

In this Chapter —

"judge" — a member of a tribunal, including the President;

"Plaintiff" — a police officer appointed by the Inspector General to serve as prosecutor before a tribunal;

"defence counsel" — an advocate representing the accused at his own choice before a tribunal, as well as an advocate or police officer representing the accused pursuant to an appointment by the Inspector General or by the tribunal;

"tribunal" — a tribunal established pursuant to Section 58 of the Ordinance.

[of judges]

In matters of adjudication, a judge is subject to no authority other than the authority of the law, and is not subject to any authority whatsoever of his commanding officers.

[Warrant of Arrest]

A person arrested under the Ordinance and held in custody must have an arrest order obtained in respect of him within a reasonable time; if an arrest order has not been issued within twenty-four hours from the time of his arrest — he shall be released.

403 Book of Laws 17 14 Adar 5731, 11.03.1971

A police officer of the rank of Superintendent and above may issue an arrest order in respect of a police officer who is at least two ranks below him, and the Inspector General may issue an arrest order in respect of any police officer who is suspected or accused of an offence: the arrest order shall be drawn up in writing and signed by the person issuing the arrest order.

[Police Officer]

A police officer who has issued an arrest order as referred to in Section 4 shall submit it immediately, in accordance with police orders, for confirmation by another police officer whose rank is not below that of Deputy Commissioner.

[Arrest]

The validity of an arrest order issued pursuant to Section 4 shall expire upon the lapse of 48 hours after its issuance, unless it has been confirmed before then pursuant to Section 5.

[Validity of an Arrest Order of a Police Officer]

A police officer shall not be held in detention, pursuant to a police officer's arrest order that has been confirmed, for more than seven days from the date of its issuance; however, if the issuer of the order is of the opinion that there is a need to extend the detention, he may, in accordance with police orders, after confirmation by a police officer of a rank no lower than Deputy Commissioner, extend the validity of the order for an additional period not exceeding seven days.

Arrest Order]

[President of the Tribunal]

A person empowered to issue or confirm an arrest order may, in lieu thereof, order that the detainee be held under open arrest.

The Inspector General, or a police officer authorized by him, shall draw up an indictment against an accused; the indictment shall be submitted to the Tribunal and a copy thereof shall be served on the accused.

Drafting of an Indictment

11. The indictment shall include the following particulars:

Upon service of a copy of the indictment on the accused, he shall be notified that he or his defence counsel are entitled to inspect the evidentiary material in the possession of the prosecution and to copy particulars therefrom, except for those particulars whose inspection has been prohibited by the Inspector General on grounds of security or public interest as aforesaid; however, no material that has not been made available for inspection by the accused or his representative beforehand shall be brought before the Tribunal on behalf of the prosecution.

[The Charge upon the Accused]

4 S.H. 5725, p. 161.

404 Book of Laws 17 14 Adar 5731, 11.03.1971

Withdrawal of Indictment

An indictment that has been submitted to the Tribunal may be withdrawn by the Inspector General at any time before judgment is given; if the indictment has been withdrawn as aforesaid and the accused is in custody, he shall be released from custody unless he is detained in respect of an offence that is not the subject of the indictment.

Where a tribunal has been constituted and an indictment has been submitted to it, the Tribunal shall be convened by a convening order signed by the Inspector General or on his behalf; the convening order shall specify the place of assembly of the Tribunal and the date of commencement of proceedings, and shall require all participants in the trial as specified in the order to appear at the place and time fixed therein; the convening order may also include any other instruction and any additional particulars that the convening authority considers necessary for the matter.

[Selection by the Accused]

An accused before a tribunal may conduct his own defence or by means of defence counsel.

[Trial]

Where the accused has chosen defence counsel who is unable to appear at the trial at the time fixed for its commencement and has requested an adjournment of the trial on that account, the Tribunal may refuse the request.

If the accused has not chosen defence counsel for himself, the Inspector General shall appoint for him, before the commencement of proceedings, a lawyer or a legally-trained police officer to defend him before that Tribunal, and after proceedings have commenced, the Tribunal itself may do so if it considers it necessary for the furtherance of justice; however, a legally-trained police officer shall not be appointed as defence counsel if the accused has declared that he refuses to entrust his defence to such person.

[Defence Counsel to Represent]

Defence counsel of an accused who has been chosen by the accused may represent him before the Tribunal if he has submitted to the Tribunal a power of attorney signed by the accused, or if the accused has declared before the Tribunal and in the presence of the defence counsel that he has authorized him to be his defence counsel; appointed defence counsel may represent the accused immediately upon his appointment. A power of attorney as aforesaid is exempt from stamp duty.

[Before the Tribunal]

[Regarding Trial in Camera]

[Charge upon the Accused]

405 Book of Laws 17 14 Adar 5731, 11.03.1971

The Tribunal may remove, for such time as it deems appropriate, an accused who disrupts the course of the proceedings or who conducts himself in a manner that is injurious to the dignity of the Tribunal.

[From the Courtroom of the Tribunal]

Any proceeding conducted in the absence of an accused as a result of his removal as referred to in Section 22 shall be deemed to have been conducted in his presence, and the Tribunal shall make arrangements by which the said proceedings shall be brought to the knowledge of the accused.

[The Accused]

The President of the tribunal shall conduct the proceedings at the sittings of the tribunal, and may issue any direction necessary to maintain order at the place of trial, including a direction to remove from the place of trial any person who disrupts the course of the proceedings or who conducts himself in a manner that is derogatory to the dignity of the tribunal.

Where a person has contravened the provisions of Section 99, other than paragraph (1) of subsection (a) thereof, the tribunal before which the accused committed the offence may try him therefor after having cautioned him and having afforded him an opportunity to desist, provided that it shall not impose upon him a punishment more severe than Imprisonment of ten days; this provision shall not derogate from the provisions of any law concerning the bringing of the offender to trial for such an offence.

Accused of Contempt of Court]

For an accused who does not know Hebrew, the President of the tribunal shall appoint an interpreter to interpret to him the proceedings and the decisions of the tribunal; the accused may waive interpretation of any part of the proceedings or of decisions as aforesaid.

Testimony given, with the permission of the tribunal, in a language other than Hebrew shall be interpreted by an interpreter.

in Hebrew]

An interpreter shall have the same status as a witness, unless a contrary intention is apparent from the provisions of this Schedule concerning witnesses.

as a Witness]

In every trial, a record shall be kept by the President of the tribunal or by a Registrar appointed by the President of the tribunal, and shall be signed by the person who recorded it; where the record is kept by a Registrar, the President of the tribunal shall also sign it after having examined and found the record to be accurate.

The record of the trial shall include —

406 Book of Laws 17 14th of Adar 5731 11.03.1971

Attachment of Documents

to the Record

The indictment, documents submitted to and received by the tribunal, and any other document relating to the same matter which was not submitted as evidentiary material, shall be attached to the record and shall form part thereof.

Before Sentencing]

Any party, including the legal adviser to the tribunal, may apply to the tribunal in the presence of the other party to correct an entry in the record in order to make it accurate.

After Sentencing]

After a sentence has been pronounced but before it has been confirmed, varied or annulled by the confirming authority, or before the period for the filing of an Appeal has elapsed, any party, including the legal adviser to the tribunal, may apply to the President of the tribunal to correct an entry in the record in order to make it accurate, and the President of the tribunal, after having afforded the other party an opportunity to be heard, shall correct the entry if he has received the consent of the majority of the judges who sat in the trial.

Every correction of the record, as well as the dissenting opinion of a judge regarding a correction, shall be recorded in the record and signed by the President of the tribunal.

The proceedings shall open with the identification of the accused by the tribunal; for this purpose the President of the tribunal shall ask the accused particulars sufficient to identify him, such as: his given name, his family name, his personal number, his rank, his unit and his father's name.

to Identify]

Where the accused has refused to furnish a particular that he was asked to provide pursuant to Section 35, the tribunal may continue the proceedings and the Plaintiff shall prove — by the close of the prosecution's case — those identification particulars necessary to establish the guilt of the accused.

Composition and Objection

to a Judge]

the Charge and

Preliminary Pleas]

407 Book of Laws 17 14th of Adar 5731 11.03.1971

The tribunal before which a preliminary plea is raised shall decide thereon after having afforded the Plaintiff an opportunity to respond thereto, but may dismiss the plea even without doing so; the tribunal may also defer its decision on a preliminary plea to another stage of the proceedings if it is not in a position to decide thereon immediately.

Preliminary Plea]

Where the tribunal decides to accept a preliminary plea, it shall Order the amendment of the indictment or its cancellation, as the case may be; where the indictment is cancelled — the accused shall be released unless the tribunal has Ordered the continuation of his detention; where the tribunal reaches a different decision — it shall continue the proceedings.

Preliminary Plea]

or Denial thereof]

Where the accused has not responded to the question of the President of the tribunal pursuant to Section 41 — he shall be deemed to have denied the charge.

Denial]

With the leave of the tribunal, the accused may, at any stage of the proceedings up to the determination of the verdict, retract his response given pursuant to Section 41(b).