C1Part 12Service and Effect of Certain Sentences

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Effect of custodial sentence or detention on rank or rate

F1293Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

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I1I2294Rank 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).