Armed Forces Act 2006 (c. 52)

First Group of Parts Discipline

Part 12 Service and Effect of Certain Sentences

Effect of custodial sentence or detention on rank or rate

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).