(1) This section applies where a person is charged with an offence under section 11.
(2) Subsection (4) applies where evidence is given that -
(a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
(b) before being questioned the accused was permitted to consult a solicitor.
(3) Subsection (4) also applies where evidence is given that -
(a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
(b) before being charged or informed the accused was permitted to consult a solicitor.
(4) Where this subsection applies -
(a) the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisa