The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

Application of this Part to the members of a disciplined force

25.—(1) A member of—

(a) any police force of St Helena;

(b) any prison service of St Helena;

(c) any fire service of St Helena; and

(d) any naval, military or air force raised in St Helena under the law of St Helena,

who is charged with having committed an offence against the law of St Helena, 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 6, 7 and 8.

(3) If a member of a force referred to in subsection (1) has been convicted of an offence against the law of St Helena 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 against the law of St Helena is entitled to the full protection of this Part.

(5) A member of a visiting force who is charged in St Helena 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 St Helena, is entitled to the protection of sections 6, 7 and 8.

(6) In this section, “sending State”, in relation to a member of a visiting force, means the country, other than St Helena, in or under the law of which that force was raised.