Provisions relating to later stages of trial
9.—(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 Article no part—
(a)of a statement supplied under Article 8(5); 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.