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]

Part: Any Portion Thereof or Anything Acquired in Exchange Therefor, the Tribunal May Order in Its Sentence That What Is Found in the Possession

preamble-6.

the offender as aforesaid shall be delivered to the person who appears to be the owner of the property.

[Concerning the Return of Property]

Instructions of the Tribunal

s1-102.

(a)A witness who is not a police officer shall be summoned in the manner in which witnesses are summoned to a Magistrate's Court, with the following modifications:

(1)The summons shall be signed by the President of the Tribunal or by a person authorized by him for that purpose;

(2)The server of the summons may also be a police officer;

(3)The summons shall be on a form whose specimen has been prescribed by the Inspector General.

(b)The rates of payments to be paid to such witnesses by way of travel expenses, loss of earnings, and accommodation expenses shall be at the rates paid in the courts.

[who is not a police officer]

Summoning a Witness

s1-103.

A witness as referred to in Section 102 who was summoned to appear and did not appear, and it has been proven to the Tribunal that he was duly summoned, the President of the Tribunal may, if satisfied that such person refrained from appearing without reasonable justification, issue an Order compelling the witness to appear and testify at the place and time specified in the Order.

[who was summoned and did not appear]

Order for the Production of a Witness

s1-104.

The President of the Tribunal may, on the basis of sworn testimony that a witness is intentionally evading receipt of a summons, issue a production order against that person, either with or without the option of furnishing a surety.

[evading]

Production Order for a Witness

s1-105.

An Order compelling a witness to appear shall be executed in the manner prescribed in this regard in a Magistrate's Court in a criminal matter.

Execution of a Production Order

s1-106.

Orders under Sections 103 and 104 shall be on a form to be prescribed by the Inspector General.

[Sections 103 and 104]

Forms of Orders Under

s1-107.

(a)An offence among the offences listed in Section 59 of the Ordinance and the Regulations made thereunder shall be statute-barred if the period of time specified beside it has elapsed from the date of its commission:

(1)The offence of desertion — ten years;

(2)Any other offence — three years.

(b)A period during which an accused was absent from service without leave or during which he was held in enemy captivity shall not be counted within the periods specified in subsection (a).

(c)If within the limitation period a charge sheet was submitted to the Tribunal or proceedings were commenced on behalf of the Tribunal, the limitation period shall recommence from the date of submission or the commencement of the proceedings.

(d)"Proceedings on behalf of the Tribunal", for the purposes of subsection (c) — includes the lawful issuance of a summons to an accused.

[Limitation of Offences]

Chapter B': Appeal

s1-108.

A person appealing a Judgment of a tribunal as referred to in Section 69 of the Ordinance shall submit a notice of Appeal within 30 days from the date of the reading of the sentence, if it was read in his presence; if the appellant was not present at the time of the reading of the sentence, the said period shall run from the day on which notice of the sentence was delivered to him.

414 Book of Laws 17 14 Adar 5731 — 11.03.1971

[Parties to the Appeal]

Right of Appeal

s1-109.

If the accused appeals, the Respondent shall be a police officer appointed by the Inspector General.

Notice of Appeal

s1-110.

(a)A notice of Appeal shall be submitted to the Minister at the time prescribed in Section 108.

(b)A notice of Appeal shall be signed by the appellant or by his representative and shall set out the grounds of the Appeal; if sufficient grounds are not set out in the notice of Appeal, the Tribunal of Appeal may direct that additional written grounds be submitted at a time to be fixed.

[for Appeal]

Composition of the Tribunal

s1-111.

(a)Upon receipt of a notice of Appeal, the Minister or a person authorized by him shall notify the Minister of Justice thereof.

(b)A Tribunal of Appeal shall sit as a panel of three.

(c)The Minister of Justice shall appoint a District Court judge who shall serve as a judge of the Tribunal of Appeal and shall be its President.

(d)The Minister shall appoint two police officers who shall serve as judges of the Tribunal of Appeal.

[for Appeal]

Convening of the Tribunal

s1-112.

A Tribunal of Appeal shall be convened by a written convocation signed by its President; the convocation shall specify the seat of the Tribunal and the date of commencement of the hearing, and notice thereof shall be sent to the appellant and to the Respondent.

Transfer of the Record

s1-113.

Upon the convening of a Tribunal of Appeal, the record of the trial in respect of which the notice of Appeal was submitted shall be transferred to it.

[for Appeal]

Judgment of the Tribunal

s1-114.

A Tribunal of Appeal is competent to rule one of the following:

(1)To dismiss the Appeal;

(2)To quash the conviction and acquit the accused;

(3)To reduce the sentence;

(4)To increase the sentence;

(5)To convict the accused of a disciplinary offence different from the offence of which he was convicted, with or without varying the sentence imposed on the accused, provided that the conviction is based on the testimony adduced at the trial.

Powers and Adjudication

s1-115.

The provisions concerning adjudication and powers applicable to a District Court sitting as a court of criminal appeals shall apply, mutatis mutandis, to a Tribunal of Appeal, subject to the provisions of this Chapter of the Schedule.

Final Judgment

s1-116.

A Judgment of the Tribunal of Appeal is final.

[on Appeal]

Commencement of Sentence

s1-117.

A sentence of Imprisonment shall commence from the date of the reading of the Judgment given on Appeal, unless the Tribunal of Appeal has directed otherwise.

Yaakov S. Shapira

Minister of Justice

415 Book of Laws 17 14 Adar 5731 — 11.03.1971

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Statute Book 17 — 14 Adar 5731, 11.03.1971

preamble-7.

Comparative Table

New

Section

New

Section

New

Section

New

Section

[Previous]

83 tail.

85(2) tail

88(1)

88(2)

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Schedule

preamble-8.

33 first

condition

33 second

condition

35(1)

35(1) tail

35(2)

35(3)

35(4) head

35(4) tail

35(5) head

35(5) tail

35a

35b

37(1)

37(2)

50(1)

50(2)

51(1)

51(2)

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Schedule

preamble-9.

32 head

32 tail

20(1)

20(2)

22(1)

22(2)

22(3), (4)

24(1)

24(2)

25 head

25 tail

27(1)

27(2)

29(1)

29(2)

29(3)

29(4)

29(5)

29(6)

31(1)

31(2)

31(3)

31(4)

60.

61(a)

61(b)

67(a)

67(b)

67(c)

68.

17(2) head

17(2) tail

17(2) first

condition

17(2) second

condition

17(3)

17(4)

17(6)

18(1) head

18(1)(a)-(i)

18(2)

18(3)

18(4)

18(5)(a)

18(5)(b)

18(6)

18(7)

18(8)

18(9)(a)

18(9)(b)

18(10)

18(11)

18a

18b

18c

18d

13(a)

13(b)

3.2

5(1)

5(2)

5(3)

6 third condition

7(1)

7(2)-(4)

9(1) head

9(1) tail

9a(1)

9a(2)

9a(3) head

9a(3) tail

9a(4)

9a(5)

14a

16 head

16 tail

17(1)

417 Book of Laws 17 14 Adar 5731 — 11.03.1971

Need to cite this law in a foreign court?

Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.

Statute Book 17 — 14 Adar 5731, 11.03

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