(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under section 9 above.

(2) Where-

(a) a party departs from the case he disclosed in pursuance of a requirement imposed under section 9 above, 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 or, in the case of a trial without a jury, the judge may draw such inference as appears proper.

(3) In doing anything under subsection (2) above or in deciding whether to do anything under it 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, in the case of a trial with a jury no part-

(a) of a statement given under section 9(5) above, 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 9 above,