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
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)
Notes on Part 12
Modifications
- 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)