Section 294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etcI1I2
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—
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;
otherwise, of the rank or rate of able rate, marine or soldier (as the case may be).
The sentences to which this section applies are—
a custodial sentence passed in respect of a service offence;
a sentence of service detention;
a sentence of imprisonment, or a sentence corresponding to any other custodial sentence, passed by a civilian court in the British Islands.
The orders to which this section applies are—
an order under section 214 (detention for commission of offence during currency of order);
an order under F1paragraph 3 of Schedule 12 to the Sentencing Code (detention of offender subject to detention and training order for breach of supervision requirements);
an order made by a civilian court in the British Islands corresponding to an order within paragraph (a) or (b).
Annotations
Textual amendments
- F1
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
- 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