Effect of custodial sentence or detention on rank or rateU.K.
F1293Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detentionU.K.
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Textual Amendments
F1S. 293 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 13(2), 32(3), Sch. 5 (with s. 13(3)); S.I. 2012/669, art. 4(a)(f)(i) (with art. 6(1)(2))
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 [F2paragraph 3 of Schedule 12 to the Sentencing Code] (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).
Textual Amendments
F2Words in s. 294(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 73 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
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)
I2S. 294 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4