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Armed Forces Act 2006

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

571.Under this section, where a warrant officer or NCO is given a custodial sentence for a service offence or is sentenced to service detention, his rank or rate is automatically reduced as far as the Court Martial could reduce it under section 164. The extent to which the Court Martial could reduce it will depend whether any relevant restrictions are imposed by regulations made under section 164(4).

572.If the offender is also sentenced to dismissal or dismissal with disgrace, this section does not apply: section 295(4) applies instead.

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

573.Under this section, a warrant officer or NCO serving a custodial sentence (including one passed by a civilian court) or a sentence of service detention is to be treated as holding the lowest rank or rate for the Service to which he belongs—or, if he belongs to the air forces, the highest rank he has held as an airman (see the note on section 135 (paragraph 287)).

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