Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.

Ordinance

Police Ordinance [New Version]

פקודת המשטרה [נוסח חדש]

Chapter Five: Discipline and Penalties

Division A: Disciplinary Proceedings Outside a Tribunal

preamble-2.

Disciplinary Offence

Arrest of a Suspect for Disciplinary Offence

50.

A sergeant or constable who has committed an offence prejudicial to good order and discipline of the Israel Police may be arrested by a police officer of higher rank, and for as long as the investigation continues he may be confined in a police station or detention cell, all subject to the Regulations made under this Ordinance.

Investigation

51.

A senior police officer may investigate the truth of the charge; the investigation shall be recorded and transmitted to the District Police Commander.

District Police Commander

Punishment by the District Police Commander

52.

Where the District Police Commander is satisfied that the accused is guilty, he may impose any or all of the following punishments:

(1)a Fine not exceeding fourteen days' pay;

(2)reprimand;

(3)confinement to place of duty for up to fourteen days during off-duty hours;

(4)detention for thirty-five days.

395 Book of Laws 17 14th of Adar 5731, 11.03.1971

53.

Where the District Police Commander is of the opinion that the offence warrants a more severe punishment, he may recommend to the Inspector General that he impose, and the Inspector General may impose, in lieu of the punishments referred to in Section 52 or in addition thereto, any or all of the following punishments:

(1)forfeiture of merit pay for a period not exceeding six months;

(2)demotion in rank;

(3)dismissal.

The Inspector General

Punishment by the Inspector General

54.

Where the offence is not serious, a senior police officer may, with the consent of the accused, adjudicate the matter, and he may impose any or all of the following punishments:

(1)a Fine not exceeding seven days' pay;

(2)reprimand;

(3)confinement to place of duty for up to seven days;

(4)detention for seven days.

senior police officer

Punishment by a Senior Police Officer

55.

A punishment of detention as referred to in this Sign shall not be imposed on a person to whom the rules of enlistment and discharge under this Ordinance apply.

Restriction on Detention

56.

(a)Where an inspector is charged with an offence prejudicial to good order and discipline of the Israel Police, the investigation shall be conducted by a senior police officer, recorded, and transmitted to the Inspector General.

(b)The Inspector General may impose any or all of the following punishments:

(1)a Fine not exceeding 75 liras;

(2)withholding of seniority increment;

(3)reprimand;

(4)demotion in rank;

(5)dismissal.

Offence by an Inspector

57.

(a)A police officer on whom a punishment of detention has been imposed in disciplinary proceedings may, within three days from the date on which the decision was communicated to him, lodge an appeal against it.

(b)Where the punishment of detention was imposed by the District Police Commander — the appeal shall be submitted to the Inspector General; where it was imposed by another senior police officer — the appeal shall be submitted to the District Police Commander appointed for that purpose.

(c)The person before whom the appeal was submitted may confirm the decision, mitigate it, or annul it.

Appeal against punishment of detention

Sign B': Disciplinary Tribunals

58.

The Inspector General may, as the need arises, establish disciplinary tribunals (hereinafter — tribunals) to adjudicate police officers who have committed any of the offences enumerated in Section 59, and any such police officer may be arrested and confined in the manner prescribed in Section 50.

for discipline

Establishment of Tribunals

59.

The following are the offences:

(1)one who initiates a mutiny, incites it, assists it, supports it, instigates it, or encourages it;

396 Book of Laws 17 14th of Adar 5731, 11.03.1971

(2)one who brings about or joins any sedition or breach of order;

(3)one who is present in an assembly tending to riot and does not do his utmost to suppress it;

(4)one who knows of a mutiny, riot, sedition, or civil disturbance, or of any intention to commit any of these, and does not report it, without delay, to his superior;

(5)one who strikes his superior, or threatens his superior with violence, at a time when the superior is performing his duty;

(6)one who deserts from the Israel Police, or assists a police officer to desert from it;

(7)one who displays cowardice in the performance of his duty;

(8)one who is guilty of repeated serious offences prejudicial to good order and discipline;

(9)one who commits an offence prejudicial to good order and discipline and the Inspector General is satisfied that it is appropriate for a tribunal to adjudicate it.

Composition of the Tribunal

60.

The composition of the tribunal shall be as follows:

(1)President — the Deputy Inspector General or a District Police Commander appointed by the Inspector General;

(2)Members — two senior police officers appointed by the Inspector General.

Objection to Composition

61.

(a)An accused who is about to be tried before a disciplinary tribunal may object, on reasonable grounds, to any member of the tribunal, including the President.

(b)Before the tribunal commences its hearing, the names of the members of the tribunal shall be read out in the presence of the accused, and the accused shall be asked whether he objects to any of them; if an objection is raised and is accepted by the remaining members of the tribunal, the member to whom the objection relates shall withdraw and another person shall be appointed in his place.

[to the tribunal]

Legal Adviser

62.

The Inspector General may appoint a police officer of the rank of Inspector or above who is an advocate to serve as legal adviser to the tribunal; in the course of proceedings before the tribunal, such legal adviser shall be entitled, whenever he sees fit, to express his opinion on questions of law, procedure, and evidence.

Trial

63.

The provisions set out in the Schedule shall apply to trials before the tribunal.

Penalties

64.

If the accused is found guilty of the offence attributed to him, the tribunal may impose upon him any or all of the following penalties:

(1)A Fine not exceeding three months' pay;

(2)Confinement to place of duty for thirty days during off-duty hours;

(3)Close arrest for thirty-five days;

(4)Reduction in rank;

(5)Imprisonment for a period not exceeding two years.

Suspended Sentence

65.

(a)Where a tribunal, a District Police Commander or another senior police officer has imposed a penalty of close arrest or Imprisonment, he may direct in the sentence that all or part of the penalty shall be suspended.

(b)A person sentenced to suspended close arrest or Imprisonment shall not serve his penalty unless he is convicted, within a period specified in his sentence not exceeding two years, of a disciplinary offence specified in the sentence.

397 Book of Laws 17 14 Adar 5731 11.03.1971

66.

The provisions of Sections 11, 12, 15(a), 20 to 22 and 24 of the Criminal Law Ordinance (Modes of Punishment) shall apply to the tribunal, with such modifications as the matter requires; and for this purpose, any power vested therein in a court with respect to an offence and a penalty imposed shall also be vested in the tribunal with respect to a disciplinary offence and a penalty imposed.

[Criminal Law Ordinance (Modes of Punishment)]

Application of Provisions

67.

(a)A sentence of a tribunal requires confirmation by the Inspector General, who is empowered to confirm, mitigate or annul it; if the Inspector General confirms the sentence, the accused shall be punished accordingly.

(b)A sentence of a tribunal imposing more than three months' Imprisonment requires confirmation by the Minister, who is empowered to confirm, mitigate or annul it.

(c)Execution of a sentence shall be stayed pending a decision pursuant to subsections (a) or (b), as the case may be.

Confirmation of Sentence

68.

The authority that confirmed the sentence, or varied it, may dismiss the accused from the Israel Police, provided that a senior police officer shall not be dismissed except with the approval of the Minister.

[Conviction]

Dismissal Consequent upon Conviction

69.

(a)Where a tribunal sentences an accused to more than three months' Imprisonment, the accused, as well as the Inspector General, may appeal against the Judgment before an appellate tribunal in accordance with the Schedule.

(b)Where the accused has appealed, the sentence of the tribunal does not require confirmation pursuant to Section 67, and the provisions of Sections 67(c) and 68 do not apply to him; however, if he is not acquitted on Appeal, the Minister may dismiss him from the Israel Police.

Appeal

70.

The calculation of the period of a penalty of Imprisonment or close arrest imposed in a sentence requiring confirmation shall commence from the date determined in a decision pursuant to Section 67(a) or (b) or in the decision of the appellate tribunal, as the case may be.

Calculation of Period of Imprisonment or Close Arrest

Chapter C: Fine, Close Arrest and Imprisonment

71.

(a)All fines and forfeitures imposed on police officers pursuant to this Ordinance shall be collected by deductions from the pay due to the offender at the time of commission of the offence and from pay that shall become due to him thereafter, and shall be paid into a fund to be called the General Police Fund.

(b)The amount to be deducted in respect of any Fine or forfeiture shall be determined by the Inspector General at his discretion, provided that it shall not exceed in any month one half of the offender's monthly pay.

Collection of Fines

72.

(a)A penalty of close arrest shall be served at a place to be designated for that purpose by the Inspector General.

(b)A penalty of Imprisonment shall be served at a place to be designated for that purpose by the Inspector General, or in a prison within the meaning of the Prisons Ordinance, 1946, or partly in one and partly in the other.

(c)A person sentenced to Imprisonment by a tribunal who is serving his penalty in a prison within the meaning of the Prisons Ordinance, 1946, shall be treated in all respects as if he were a prisoner serving a sentence of Imprisonment imposed by a court.

(d)The Inspector General shall prescribe the administrative, custodial and disciplinary arrangements at places designated pursuant to subsections (a) or (b), the measures that may be taken against persons detained at such places for the purpose of maintaining discipline, and the rights of persons so detained.

1 S.H. 5730, p. 109.

2 O.G. 1946, Supp. 1, p. 6.

398 Book of Laws 17 14 Adar 5731 11.03.1971

Periods Not Counted in Reckoning Regular Service

73. In respect of a person to whom the enlistment and discharge rules under this Ordinance do not apply, the period of his detention or close arrest pursuant to a Judgment of a court, tribunal or District Police Commander, or the period of his absence from service without leave or on leave obtained by false pretences for which he has been duly punished, shall not be regarded as a period of fulfilment of regular service duty for the purpose of calculating length of service, unless the court, tribunal or District Police Commander has directed otherwise.

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Division D: Additional Provisions

Suspension

74.

Where an investigation is being conducted against a police officer for the commission of a misdemeanour, felony or disciplinary offence, the Inspector General may suspend him from his office, provided that if he is a senior police officer, he shall not be suspended except with the approval of the Minister.

[or Arrest]

Pay During Suspension

75.

A police officer who has been suspended or who is in custody pending determination of his case is entitled to receive, from the date of suspension or arrest until the date of acquittal or conviction, a portion of his pay as the Inspector General shall see fit, provided that it shall not be less than one half thereof; if acquitted, he may be paid the full amount of pay he would have received but for the suspension or arrest.

[Absence or Imprisonment]

No Pay for Days of Absence or Imprisonment

76.

A police officer shall not be entitled to any pay for any day on which he is absent from service without leave or is serving a penalty of Imprisonment.

Definition of Day

77.

The counting of days for the purpose of absence from service, custody or Imprisonment shall be as follows:

(1)A period of at least six consecutive hours, whether entirely within one day or partly within one day and partly within the following day — one day;

(2)A period exceeding six hours as aforesaid but not exceeding twenty-four hours — one day only;

(3)Of any period exceeding the first twenty-four hours — every twenty-four hours, or part thereof, one day.

Periods Not Counted in Reckoning Regular Service

77i.

(Repealed)

Absence or Imprisonment

77l.

(Repealed)

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Chapter Six: Assemblies, Meetings and Processions

Division A: Unlawful Assemblies and Disturbance of Public Order

preamble-3.

etc.]

Closure of Coffee Houses

78.

(a)Where it appears that there is an unlawful assembly, riot or breach of the peace, or that there are reasonable grounds to apprehend one, the Superintendent, a judge or a senior police officer may order the owner of a coffee house or other place to which the public has access and which is not a place licensed for the sale of intoxicating liquor, or the owner of a club, or the holder of a Permit to open or manage any of these, to close the premises for such period as the issuer of the Order sees fit.

(b)A person ordered to close premises pursuant to this Section who keeps them open shall be liable to Imprisonment of six months or a Fine of 750 pounds.

(c)Where an Order has been issued pursuant to this Section, any police officer may use force to the extent necessary to close the premises.

399 Book of Laws 17 14 Adar 5731 11.03.1971

79.

Whenever there is an unlawful assembly, riot or breach of the peace, or there are reasonable grounds to apprehend one, the Superintendent may, by Order published on the spot, give effect to any or all of the provisions listed below, for a period to be specified in the Order not exceeding three months, and those provisions are as follows:

(1)(a) Any police officer may disperse any assembly in a public place and arrest without warrant any person present at the assembly who refuses to disperse or delays in doing so or re-assembles after having dispersed;

(b) Any person who refuses to disperse, delays, or re-assembles as aforesaid shall be liable to Imprisonment of three months or a Fine of 375 pounds;

(2)(a) Where a person is found in a public place in possession of a knife, stick, club, iron bar, stone or weapon of any kind or description, and in the opinion of a police officer he is carrying them in order to assist in disturbing the peace or is likely to use them in the event of a disturbance of the peace, they may be immediately confiscated or seized;

(b) A person as described in sub-paragraph (a), as well as any person who incites others to assemble, whether orally, in writing or in any other manner, and any person who sings a song or uses words or gestures that in the opinion of a police officer are likely to lead to a breach of the peace, may be arrested without warrant and shall be liable as provided in paragraph (1)(b).

[to police officers]

Special Powers

80.

The superintendent may, during the period of validity of an Order issued pursuant to Section 79, amend or revoke its provisions.

Amendment and Revocation of an Order

81.

Nothing stated in Section 79 shall derogate from any power vested under the law concerning unlawful assemblies.

[Others]

Preservation of Powers

82.

(a)The Inspector General may prohibit the hoisting, display, or unfurling of any flag or symbol that is likely to provoke a breach of the peace.

(b)The prohibition may be general or qualified according to times, places, or circumstances as shall be specified.

(c)Any police officer may remove a flag or symbol that has been displayed or unfurled in contravention of such a provision, or in circumstances likely to provoke a breach of the peace.

(d)One who contravenes a provision under this Section is liable to a Fine of 300 liras.

Hoisting of a Flag

Sign B': Assemblies and Processions

83.

In this Sign —

"assembly" — fifty persons or more who have gathered to hear a speech or lecture on a matter of political interest or to deliberate on such a matter;

"procession" — fifty persons or more walking together, or gathering to walk together, from place to place, whether actually in motion or not, whether arranged in any formation or not;

"district" — for the purposes of Section 84 — a police district, or any secondary police area whose police is under the command of the senior police officer who issued the notice under that Section.

400 Book of Laws 17 14 Adar 5731 11.03.1971

Regulation of Assemblies

and Processions

Definitions

84.

(a)If the commander of the district police considers that the maintenance of public safety or public order so requires, he may demand, by public notice, whether general or special, that any person wishing to convene, organise, or hold an assembly or procession within his district shall apply in writing to the superintendent for a Permit / License therefor, not less than five days or such other time as shall be specified in the notice, before the day designated for the holding of the assembly or procession.

(b)A general notice may apply to the whole district or to part thereof, all as shall be specified therein.

(c)A general or special notice shall remain in force for as long as it has not been amended or revoked by another notice published by the commander of the district police.

Licensing

85.

Where an application for a Permit / License has been submitted following a notice published pursuant to Section 84, the superintendent may —

(1)grant the Permit / License;

(2)grant the Permit / License subject to a surety or to such other conditions or restrictions as he may deem fit to impose, and the conditions and restrictions shall be recorded on the face of the Permit / License;

(3)refuse to grant the Permit / License.

Permit / License Exempt from Fee

86.

No fee is payable for a Permit / License under Section 85.

Revocation of a Permit / License

87.

The superintendent may, at any time, revoke a Permit / License granted by him pursuant to Section 85.

[and its Revocation]

Publication of a Permit / License

88.

The superintendent shall publish —

(1)a copy of every Permit / License granted by him and the conditions and restrictions recorded thereon;

(2)notice of every revocation of a Permit / License.

[Failure to obtain a Permit / License — treated as an Unlawful Assembly]

Assembly or Procession

89.

Where a notice has been published by the commander of the district police pursuant to Section 84 and an assembly or procession to which the notice applies has been held without a Permit / License having been granted therefor pursuant to Section 85, or without complying with the conditions and restrictions of a Permit / License granted pursuant to that Section, the assembly or procession shall be deemed an unlawful assembly, and every participant therein shall be liable as a participant in an unlawful assembly under any enactment in force at that time.

[and Procession]

Gathering

90.

(a)The commander of the district police may, when the need arises —

(1)direct, subject to the conditions and restrictions of a Permit / License granted pursuant to Section 85, with respect to the conduct of any gathering and procession on public roads, streets, and public thoroughfares, and to prescribe the routes along which it shall pass;

(2)regulate the extent of the use of music in the street and on the occasion of celebrations and ceremonies.

(b)A gathering or procession that does not comply with, or refuses to comply with, a direction given pursuant to subsection (a) shall be deemed an unlawful assembly, and every participant therein after the giving of the direction shall be liable as a participant in an unlawful assembly under any enactment in force at that time.

(c)Any person who fails to comply with a direction given by the commander of the district police concerning the extent of the use of music pursuant to subsection (a) is liable to a Fine of 300 liras.

401 Book of Laws 17 14 Adar 5731 11.03.1971

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