Armed Forces Act 1966

22 Extension of power to award sentence of dismissal from service and renaming of " discharge with ignominy ".

(1) A court-martial shall have power under section 72 of the Army Act 1955 and section 72 of the Air Force Act 1955 (punishment of other ranks) to award a sentence of dismissal from Her Majesty's service not only, as provided by subsection (2)(d) of each of those sections, in the case of a warrant officer, but also in the case of a non-commissioned officer and, under the said section 72 of the Army Act 1955, in the case of a soldier and, under section 72 of the Air Force Act 1955, in the case of an airman; and, notwithstanding subsection (4) of each of those sections, such a sentence may be awarded in addition to any sentence the court has power to award by way of imprisonment or detention.

(2) The punishment described in section 72(2)(c) of each of the said Acts as " discharge with ignominy from Her Majesty's service " shall henceforth be known as " dismissal with disgrace from Her Majesty's service ".

(3) Accordingly.—

(a) the said Acts shall each be amended as follows:—

(i) in section 72(2) (scale of punishments), in paragraph (d), the words " in the case of a warrant officer " shall cease to have effect;

(ii) for any reference, except in paragraph 1(3) of Schedule 6 (application of military or air-force law to attached members of any forces) to discharge with ignominy from Her Majesty's service there shall be substituted a reference to dismissal with disgrace from Her Majesty's service;

(iii) in the said paragraph 1 (3) the words " or discharge with ignominy" shall cease to have effect;

(b) the [1955 c. 18.] Army Act 1955 shall be amended as follows:—

(i) for section 72(5) there shall be substituted the following subsection:—

“(5) A warrant officer, non-commissioned officer or soldier sentenced by a court-martial to imprisonment may in addition thereto be sentenced to dismissal with disgrace from Her Majesty's service or to dismissal from Her Majesty's service”;

(ii) after the said section 72(5) there shall be inserted the following subsection:—

“(5A) A warrant officer, non-commissioned officer or soldier sentenced by a court-martial to dismissal from Her Majesty's service may in addition be sentenced to detention”;

(c) the [1955 c. 19.] Air Force Act 1955 shall be amended as follows:—

(i) for section 72(5) there shall be substituted the following subsection:—

“(5) A warrant officer, non-commissioned officer or airman sentenced by a court-martial to imprisonment may in addition thereto be sentenced to dismissal with disgrace from Her Majesty's service, or to dismissal from Her Majesty's service”;

(ii) after the said section 72(5) there shall be inserted the following subsection:—

“(5A) A warrant officer, non-commissioned officer or airman sentenced by a court-martial to dismissal from Her Majesty's service may in addition be sentenced to detention”;

(d) in the [1957 c. 53.] Naval Discipline Act 1957, in paragraph 1 of Schedule 2 (application of Act to attached military and air forces) paragraph (b) shall cease to have effect.