# Armed Forces Act 2006, Section 294: Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc


(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 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).

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Source: https://www.legislation.gov.uk/ukpga/2006/52/section/294 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006/section-294
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.