The Armed Forces (Discharge and Transfer to the Reserve Forces) Regulations 2009

Right of warrant officer to discharge following reduction to the ranks or disrating under sentence of a court-martial

19.—(1) This paragraph applies to a warrant officer of the regular army, the Royal Marines or the Royal Air Force if—

(a) he was sentenced by a court-martial to detention or reduction to the ranks, or

(b) he was so sentenced by the Appeal Court, and was not so sentenced by the court-martial in the proceedings to which the appeal relates,

and (in either case) the period that has elapsed since the sentence was passed is less than 28 days.

(2) This paragraph applies to a warrant officer of the Royal Navy if—

(a) he was sentenced by a court-martial to detention, or to be reduced to such rate as was at that time prescribed, in relation to persons of the class to which he belongs, by regulations made by the Defence Council for the purposes of section 43(5) of the 1957 Act, or

(b) he was so sentenced by the Appeal Court, and was not so sentenced by the court-martial in the proceedings to which the appeal relates,

and (in either case) the period that has elapsed since the sentence was passed is less than 28 days.

(3) A warrant officer to whom this paragraph applies may give notice in writing to his commanding officer, within 28 days of the day on which the sentence was passed, that he wishes to be discharged from the regular forces.

(4) A warrant officer who has given notice under sub-paragraph (3) shall be entitled to be discharged.

(5) For the purposes of regulation 7(2)(b), regulation 7 shall be regarded as having previously applied to a person by virtue of a sentence passed by the Court Martial in the proceedings to which an appeal relates if this paragraph has previously applied to him by virtue of a sentence passed by a court-martial in the proceedings to which the appeal relates.

(6) In this paragraph “the Appeal Court” means the Courts-Martial Appeal Court.