Amendment of Charges by Convening Officer

(2) If at any time during a trial at which there is a judge advocate it appears to the court before it closes to deliberate on its finding, that it is desirable in the interests of justice to make any addition to, omission from, of alteration in, a charge which cannot be made under paragraph (1) of this rule it may, if such addition, omission, or alteration can be made without unfairness to the accused, so amend the charge if the judge advocate concurs. (3) If at any time during a trial at which there is no judge advocate it appears to the court before it closes to deliberate on its finding, that in the interest of justice it is desirable to make any addition to, omission from or alteration in a charge which cannot be made under paragraph (1) of this rule, it may adjourn and report its opinion to the convening officer, who may– (a) amend the charge if permissible under rule 75 and direct the court to try it as amended after due notice of the amendment has been given to the accused; or (b) direct the court to proceed with the trial of the charge without amending it; or (c) convene a fresh court to try the accused. 75. When a court reports to the convening officer under either rule 30(2) or rule 74(3) he may amend the charge in respect of which it has reported to him by making any addition to, omission from or alteration in the charge which, in his opinion, is desirable in the interests of justice and which he is satisfied can be made without unfairness to the accused.