Commentary on Sections Section 13: Reduction in rank or rate
50.Section 293 of AFA 2006 applies where a warrant officer or non-commissioned officer is given a custodial sentence or a sentence of service detention but is not dismissed from the Service. The offender is automatically reduced in rank to the lowest rank to which he could be reduced as a punishment. The effect of the reduction is substantive. It does not apply only while the person is in custody serving the sentence. It continues to apply afterwards, subject to the possibility of the person being promoted again. Subsection (2) of section 13 removes the automatic reduction by repealing section 293. But it is envisaged that it will normally be appropriate for the offender to be reduced in rank. Accordingly subsection (1) of section 13 amends section 138 of AFA 2006 to enable commanding officers to combine the punishment of service detention with reduction in rank. The Court Martial retains its existing power to combine custodial sentences with reduction in rank.