# The Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997, Article 8: Defence disclosure


(1) Where an order is made under section 9(5) of the Act, the appropriate officer of the Crown Court shall serve notice of the order in Form 5307 on each party to whom the order applies and on the prosecution.
(2) Except to the extent that disclosure is required—
(a) by section 5(7) of the Criminal Procedure and Investigations Act 1996 (alibi); or
(b) by rules under section 81 of the Police and Criminal Evidence Act 1984 (expert evidence),
a statement required by virtue of an order under section 9(5)(i) of the Act, or a notice required by virtue of an order under section 9(5)(ii) or (iv) of the Act, need not disclose who will give evidence; and the notice referred to in paragraph (1) above shall include a statement to that effect.
(3) The notice referred to in paragraph (1) above shall include a warning that if any party departs from the case he disclosed in pursuance of an order made under section 9 of the Act or fails to comply with such an order—
(a) the judge or, with the leave of the judge, any other party may make such comment as appears to him appropriate and the jury may draw such inference as appears proper; and
(b) where the court is satisfied that any such departure or failure by a party constitutes an unnecessary or improper act or omission on his part, and that another party to the proceedings has incurred costs as a result thereof, the court may make an order as to the payment of those costs by the party concerned under the Costs in Criminal Cases (General) Regulations 1986.

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Source: https://www.legislation.gov.uk/uksi/1997/1051/article/8 (the official version)
Page: https://openlegislation.uk/criminal-justice-act-1987-preparatory-hearings-rules-1997/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.