Part I
Provisions relating to later stages of trial. 10.—(1) Where there has been a preparatory hearing, any party may depart from the case which he disclosed at the hearing but, in the event of such a departure or of failure to comply with a requirement imposed at the hearing, the judge or, with the leave of the judge, any other party may make such comment as appears to him to be appropriate and the jury may draw such inference as appears proper.
(2) In deciding whether to give leave the judge shall have regard in all cases—
- (a) to the extent of any departure from a case indicated at the preparatory hearing; and
- (b) to whether there was any justification for it.
(3) Except as provided by this section no part—
- (a) of a statement supplied under section 9(5) above; or
- (b) of any other information relating to the case for the defendant or, if there is more than one, the case for any of them, which was given at the preparatory hearing,
may be disclosed at a stage in the trial after the jury have been sworn without the consent of the person who supplied or gave it.
Reporting restrictions
Restrictions on reporting applications for dismissal and preparatory hearings. 11.—(1) Except as provided by this section, it shall not be lawful to publish in Great Britain a written report, or to broadcast or include in a cable programme in Great Britain a report—
- (a) of an application under section 6(1) above; or
- (b) of a preparatory hearing,
containing any matter other than that permitted by this section.
(2) The Crown Court shall, on an application for the purpose with respect to any such application or hearing by the accused or one of the accused, as the case may be, order that subsection (1) above shall not apply to reports of the application or hearing.
(3) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.
(4) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) above, but any decisions of the court to make or not to make such an order may be contained in reports published, broadcast or included in a cable programme before the time authorised by subsection (5) below.
(5) It shall not be unlawful under this section to publish, broadcast or include in a cable programme a report of an application under section 6(1) above containing any matter other than that permitted by subsection (8) below where the application is successful.
(6) Where—
- (a) two or more persons were jointly charged; and
- (b) applications under section 6(1) above are made by more than one of them,
