Exceptions from Rules in the Interests of Security

(1) When 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 a charge- sheet, summary or abstract of evidence or other document which, or a copy of which, is required under these Rules to be given to an accused contains information the disclosure of which would or might be directly or indirectly useful to an enemy, 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 specifying the document concerned. (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 give to the accused any document mentioned in that declaration, or any copy of such a document, and it shall be a sufficient compliance with these Rules if the accused is given a proper opportunity to inspect such document while preparing and making his defence. (4) 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. 89