First Group of PartsDiscipline

Part 12Service and Effect of Certain Sentences

Effect of dismissal

295Effect of sentence of dismissal

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.