Sch 3A para 16 “Commanding officer”
(1) References in this Schedule to a person’s commanding officer are to the person’s commanding officer at the time the person elected Court Martial trial. (2) In determining for the purposes of paragraph 6(2) , 7(2) or 9(3) or (4) the punishments that a person’s commanding officer could have awarded in respect of a charge or charges, no account is to be taken of— (a) any change in the commanding officer’s rank after the person elected Court Martial trial or (as the case may be) after the charge or charges referred as mentioned in paragraph 4(c) were so referred; (b) in the case of paragraph 6(2) or 9(3) , any possibility that, if the person had declined Court Martial trial, the commanding officer might subsequently have been granted extended powers for the purposes of any provision of Chapter 1 of Part 6; or (c) in the case of paragraph 7(2) or 9(4) , any possibility that, if the charge or charges referred as mentioned in paragraph 4(c) had not been so referred, the commanding officer might have been granted extended powers for the purposes of any provision of Chapter 1 of Part 6 after the time when the referral in fact took place.