Part 3Jurisdiction of Court Martial and punishment of offenders
82Dismissal from service and reduction in rank
Subject to the provisions of this Part, every officer sentenced by the Court Martial to imprisonment shall be deemed to be dismissed from His Majesty’s Service.
Where a rating, soldier, or aviator is sentenced by the Court Martial to imprisonment, he may also be sentenced to be dismissed from His Majesty’s Service.
Where a non-commissioned officer is sentenced by the Court Martial to imprisonment or detention (whether or not such sentence includes dismissal from His Majesty’s Service), he shall be deemed to be reduced to the lowest rank to which he can be reduced, being such rank as may be prescribed.
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Repealed If a member of the Armed Forces is sentenced to dismissal from His Majesty’s Service and also to imprisonment or detention, or is dismissed from His Majesty’s Service by virtue of subsection (1), the dismissal shall not take effect until he has served the term of imprisonment or detention and any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178.
Notes
- Section 82(1): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
- Section 82(1): amended, on , by section 26(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 82(2): amended, on , by section 57 of the Statutes Amendment Act 2025 (2025 No 74).
- Section 82(2): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
- Section 82(2): amended, on , by section 26(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 82(3): substituted, on , by section 19(1) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).
- Section 82(3): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
- Section 82(3): amended, on , by section 26(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 82(4): repealed, on , by section 26(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 82(5): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
- Section 82(5): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).
- Section 82(5): amended, on , by section 19(2) of the Armed Forces Discipline Amendment Act 1985 (1985 No 199).