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Status:
Point in time view as at 02/10/2000. This version of this provision has been superseded.
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Changes to legislation:
Criminal Procedure and Investigations Act 1996, Section 34 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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34 Later stages of trial.E+W
(1)Any party may depart from the case he disclosed in pursuance of a requirement imposed under section 31.
(2)Where—
(a)a party departs from the case he disclosed in pursuance of a requirement imposed under section 31, or
(b)a party fails to comply with such a requirement,
the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury may draw such inference as appears proper.
(3)In deciding whether to give leave the judge shall have regard—
(a)to the extent of the departure or failure, and
(b)to whether there is any justification for it.
(4)Except as provided by this section no part—
(a)of a statement given under section 31(6)(a), or
(b)of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under section 31,
may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned.
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