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Paragraph 207 Application of this Part to the members of a disciplined force

United Kingdom

(1)

A member of—

(a)

any police force of Tristan da Cunha;

(b)

any prison service of Tristan de Cunha;

(c)

any fire service of Tristan da Cunha; and

(d)

any naval, military or air force raised in Tristan da Cunha under the law of Tristan da Cunha,

who is charged with having committed an offence against the law of Tristan da Cunha, other than a disciplinary offence, is entitled to the full protection of this Part.

(2)

A member of a force referred to in subsection (1) who is charged with having committed a disciplinary offence is entitled to the protection of sections 188, 189 and 190.

(3)

If a member of a force referred to in subsection (1) has been convicted of an offence against the law of Tristan da Cunha other than a disciplinary offence, and is also convicted of a disciplinary offence arising out of the same conduct, the punishment for the first-mentioned offence must be taken into account in determining the punishment for the disciplinary offence.

(4)

A member of a visiting force who is charged with having committed an offence again the law of Tristan da Cunha is entitled to the full protection of this Part.

(5)

A member of a visiting force who is charged in Tristan da Cunha with having committed a disciplinary offence, including an offence against any criminal law of the sending State which, by virtue of a provision of the disciplinary law of that force, applies to that member while in Tristan da Cunha, is entitled to the protection of sections 188, 189 and 190.

(6)

In this section, “sending State”, in relation to a member of a visiting force, means the country, other than Tristan da Cunha, in or under the law of which that force was raised.

Notes on Schedule

Modifications

C1

Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)

Commencement

I1

Sch. in force at 1.9.2009, see art. 1(3)