S.L. 220.4 Art. 98Exceptions from Rules on account oftheexigenciesof 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 sub-rule (4) 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 Fourth Schedule.

(2) Any declaration made under sub-rule (1) 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 sub-rule (1) it shall not be necessary to comply with any provision 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 sub-rule (1) are.

(a) provisos (a) and (b) to rule 6(2);

(b) rule 8(b) insofar as it relates to the accused’s rights to insist that a witness shall be compelled to attend the taking of a summary of evidence for cross-examination;

(c) rule 17 insofar as it provides that the documents specified therein must be given to the accused less than twenty-four hours before the appropriate superior authority investigates and deals summarily with the charge;

(d) rule 23(1)(b), (c) and (d) insofar as it provides that the documents specified therein shall be given to the accused not less than twenty-four hours before his trial.

(5) If an accused is brought to trial by court-martial or is dealt with summarily by an appropriate superior authority, any declaration which has been made in his case under sub-rule (1) shall be attached to the record of the proceedings of the court-martial or to the record made by the appropriate superior authority as the case may be.