Armed Forces Act 2006

295 Effect of sentence of dismissal U.K.

(1) This section applies where a sentence of dismissal or dismissal with disgrace is passed on an offender.

(2) If the offender is a commissioned officer, his commission is forfeit with effect from the beginning of the day on which the sentence is passed.

(3) If the offender is not a commissioned officer, the competent authority must discharge him from the regular or reserve force of which he is a member.

(4) If the offender is a warrant officer or non-commissioned officer, his rank or rate is reduced from the beginning of the day on which the sentence is passed—

(a) if he is a member of any of Her Majesty's air forces, to the highest rank he has held in that force as an airman;

(b) otherwise, to able rate, marine or soldier (as the case may be).

(5) Nothing in subsection (3) requires the offender to be discharged before he is released from any sentence of service detention—

(a) which is passed on him on the same occasion as the sentence mentioned in subsection (1); or

(b) to which he is subject when that sentence is passed.

Modifications etc. (not altering text)

C1 S. 295 modified (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), regs. 1, 3(2) (with reg. 2(c))

Commencement Information

I1 S. 295 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)

I2 S. 295 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4