294Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etcU.K.
(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).
Commencement Information
I1S. 294 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)