Armed Forces Act 2006

Effect of custodial sentence or detention on rank or rate

293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

(1) This section applies where a custodial sentence or sentence of service detention is passed on a warrant officer or non-commissioned officer (“the offender”) in respect of a service offence without a sentence of dismissal or dismissal with disgrace also being passed on the offender in respect of that or any other offence.

(2) The offender’s rank or rate is reduced from the beginning of the day on which the sentence takes effect to the lowest rank or rate to which it could be reduced under section 164.

(3) For the purposes of this section, the making of an order under section 214 (detention for commission of offence during currency of order) in respect of a person is to be treated as the passing of a custodial sentence on him in respect of a service offence.

294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc

(1) While a warrant officer or non-commissioned officer is in custody in pursuance of a sentence or order to which this section applies, he is for all purposes to be treated as being—

(a) if he is a member of any of Her Majesty’s air forces, of the highest rank he has held in that force as an airman;

(b) otherwise, of the rank or rate of able rate, marine or soldier (as the case may be).

(2) The sentences to which this section applies are—

(a) a custodial sentence passed in respect of a service offence;

(b) a sentence of service detention;

(c) a sentence of imprisonment, or a sentence corresponding to any other custodial sentence, passed by a civilian court in the British Islands.

(3) The orders to which this section applies are—

(a) an order under section 214 (detention for commission of offence during currency of order);

(b) an order under section 104 of the Sentencing Act (detention of offender subject to detention and training order for breach of supervision requirements);

(c) an order made by a civilian court in the British Islands corresponding to an order within paragraph (a) or (b).