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Detainment is a means of restricting a person's freedom of movement for a short period of time.

A soldier or police officer is authorized to detain a person in several cases:

• When it is suspected that this person committed a crime or is about to commit a crime that could endanger the safety or security of a person or the public
• When this person was a witness to an offense, for the purpose of providing information about the committing of that offense, or for verifying that person's identity and address
• For the purpose of conducting a search, or for demanding that a person produce identifying documents

Obligation to identify: The soldier or police officer detaining a person must identify themselves before the detainee, inform this person that they are being detained, and clarify the reason for detainment.

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• Detainment of a person is limited to the shortest time required to achieve the objective of this detainment
• In any case, it is prohibited to detain a person for more than three hours. The exception: an army officer with the rank of lieutenant colonel or above or a police officer may extend the remand by three additional hours, for reasons that are written down

• Generally, the detainee is supposed to remain in the location of the detainment until it ends. In exceptional cases, the detainee could be transferred to a different location for the purpose of bringing him or her before an investigative authority, as a suspect or witness
• The soldier or police officer is obligated to ensure that the detainee is situated in a place with reasonable conditions and to provide the detainee with food and water as necessary
• During the detainment, it is prohibited to handcuff the detainee or to cover the detainee's eyes
• When the detainment lasts more than three hours, or when the detainee is brought before an investigator, the detaining soldier/police officer is required to fill out a detainment report

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An arrest is an exceptional measure and must not be used as punishment.

Under the Order regarding Security Provisions, any soldier or police officer is authorized to arrest a person who has violated or is about to violate any of the provisions of this order, such as throwing stones, assaulting an officer, interfering with military activity, and more.

• An arresting soldier or police officer must identify himself or herself and inform the arrestee of the reason for their arrest
• If the reason for the arrest was not provided, it is the arrestee's right to ask if he or she is indeed under arrest and what is the reason for the arrest
• An arrested person must be transferred as soon as possible to a police station or detention facility
• If the arrestee requires medical treatment, the soldier or police offer is required to ensure that the arrestee receives this treatment without any delay
• The arrestee has the right to notify a relative and a lawyer about the arrest and its location, without delay. There are exceptional cases, in which notification of the arrest can be delayed, but in general, these exceptions do not apply to persons arrested during demonstrations
• Aside from exceptional circumstances, an arrestee must be allowed to meet with an attorney without delay. This meeting should be held in private and under conditions that ensure the confidentiality of the conversation

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An initial arrest is the period of arrest from the moment of the suspect's arrest and until he or she is first brought before a judge for an extension of the arrest.

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The length of the initial arrest depends on two criteria: the age of the arrestee and the type of offense. Recently, Israeli martial law instituted different arrest periods for minors and adults, as well as different arrest periods for suspects in security offenses and persons suspected of offenses that are not security-related. The following is a summary of the differences between the periods of arrest for the different groups:

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The initial arrest period for adults:

In security offenses, the maximum period of the initial arrest of an adult, from the moment of the arrest and until the arrestee is brought before a judge, is 96 hours (four days). It is possible to delay bringing the arrestee before a judge for a period of 48 more hours (a total period of six days) with a written order issued by a police officer, for the purpose of urgent investigative activities, and for a period of 96 additional hours (a total period of eight days) when there is fear of sabotaging an investigative activity that is intended to prevent harm to human life. If an arrest order is not legally issued, the arrestee must be released.

In offenses that are not defined as security-related, the initial arrest period of an adult, from the moment of the arrest and until the arrestee is brought before a judge, is 48 hours. It is possible to delay bringing the arrestee before a judge for a period of 48 more hours (up to a total period of four days) with a written order issued by a police officer, for the purpose of urgent investigative activities. If such an order is not issued, the arrestee must be immediately released.

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The initial arrest period for minors:

The maximum initial arrest period for a minor aged 12-14, suspected in any kind of offense, is 24 hours. It is possible to delay bringing the minor before a judge for a period not exceeding 48 hours with a written order issued by a police officer, for the purpose of urgent investigative activities.

The maximum initial arrest period for a minor aged 14-16 is 48 hours. It is possible to delay bringing the minor before a judge for a period not exceeding 96 hours (four days) for the purpose of urgent investigative activities.

The arrest periods for minors aged 16-18 are identical to those of adults, in accordance with the type of offense they are suspected of committing (see above).

• Such an extension can only be ordered by a judge, who is authorized to extend the arrest for up to 20 days the first time and up to 15 additional days every other extension, for a total period not exceeding 60 days
• A military court's decision regarding an arrest may be appealed to the Military Appeals Court

• An arrest hearing must take place in the presence of the arrestee, unless he or she requested not to attend the hearing or if the arrestee's health does not allow him or her to attend the hearing
• If the arrestee cannot attend due to health issues, the hearing must take place in the presence of the arrestee's attorney
• It is the arrestee's right to be represented by an attorney who is present in all the hearings! If the attorney was not present at a hearing, the court may extend the arrest for necessary short periods, until the attorney can appear in court

• A police officer or a military judge are authorized to order the release of an arrestee, with or without restricting conditions
• At any stage after the time of arrest, the arrestee or their attorney may submit a request for release to the military court
• Stay of execution: If a judge ordered the release of the arrestee, the prosecutor may request a stay of execution of the release for up to 72 hours, if the prosecutor announced an intent to appeal the decision, or an intent to consider issuing an administrative detention order against the arrestee. A stay of execution of the release will only be granted if a judge was convinced that the circumstances of the matter justify the delay
• One of the conditions of release may be posting guarantees. These could include guarantees by the arrestee or a guarantor, or cash bail by the arrestee or by a guarantor
• Additional conditions of the release may include: requiring the released person to appear at any time necessary for an interrogation or a court hearing; the deposit of the arrestee's passport; stay of exit from the area; a restraining order, and more
• Important: It is advised to consult with an attorney before signing the release conditions, in order to ensure that they are reasonable.
• It is important not to sign unreasonable conditions, such as a general restraining order for demonstrations or a sweeping prohibition on attending demonstrations for a specific period of time. Note that you can request a change of the release conditions at the stage before signing them
• In the case of unreasonable conditions of release, it is possible to appeal to the military court. The appeal must be filed within seven days of the date of release
• Violation of release conditions (or suspicion of their violation) authorizes a soldier or police officer to arrest the released person
• Bail and any other conditions of release will be annulled if an indictment is not filed within two years of the day in which the release conditions were set (if they were not canceled before that). Exception: When the bail and release conditions have been extended for an additional period of up to three months by the military court

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