Exceptions from Rules on account of the Exigencies of the Service

(1) Where in the opinion of the officer who is or would be responsible for convening a court-martial to try the accused or, if he is not available, of the senior officer on the spot, the exigencies of the service render compliance with all or any of the provisions of the rules mentioned in paragraph (4) of this rule impracticable, the officer who is or would be responsible for convening a court-martial to try the accused, or the senior officer on the spot as the case may be, may make a declaration to that effect in the appropriate form set out in the Third Schedule to these Rules. (2) Any declaration made under paragraph (1) of this rule by the senior officer on the spot shall be forwarded by him as soon as possible to the officer who is or would be responsible for convening a court martial to try the accused. (3) When a declaration has been made under paragraph (1) of this rule it shall not be necessary to comply with any provisions of these Rules which is mentioned in such declaration and these Rules shall be construed accordingly. (4) The provisions of these Rules in respect of which a declaration may be made under paragraph (1) of this rule are– (a) provisos (a) and (b) to rule 4(1); (b) rule 6(b) insofar as it relates to the accused’s right to insist that a witness shall be compelled to attend the taking of a summary of evidence for cross-examination. (c) rule 18 paragraphs (2) and (3), and paragraph (4) insofar as it provides that the documents specified therein shall be given to the accused not less than twenty-four hours before his (5) If an accused is brought to trial by court-martial, any declaration which has been made in his case under paragraph (1) of this rule shall be attached to the record of the proceedings of the court-martial.