Armed Forces Act 2006 (c. 52)

Part 12 U.K. Service and Effect of Certain Sentences

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 U.K.

F1 293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 293 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 13(2), 32(3), Sch. 5 (with s. 13(3)); S.I. 2012/669, art. 4(a)(f)(i) (with art. 6(1)(2))

294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc U.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 [F2 paragraph 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

F2 Words 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

I1 S. 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)

I2 S. 294 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4