70Limit on costs awarded against public prosecutor

#### 70 Limit on costs awarded against public prosecutor 70 Limit on costs awarded against public prosecutor > > (1) Costs are not to be awarded in favour of an appellant whose conviction is set aside unless the appeal court is satisfied— > > > > > (a) that the investigation into the alleged offence was conducted in an unreasonable or improper manner, or > > > > > (b) that the proceedings in the Local Court were initiated without reasonable cause or in bad faith, or were conducted by the prosecutor in an improper manner, or > > > > > (c) that the prosecutor unreasonably failed to investigate (or to investigate properly) any relevant matter— > > > > > > > (i) that the prosecutor was or ought reasonably to have been aware of, and > > > > > > > (ii) that suggested that the appellant might not be guilty or that, for any other reason, the proceedings should not have been brought, or > > > > > (d) that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award costs in favour of the appellant. > > > (2) This section does not apply to the awarding of costs against a respondent acting in a private capacity. > > > (3) For the purposes of subsection (2), a person who, under the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200), is an appointed officer employed by an approved charitable organisation is taken not to be acting in a private capacity if the officer acts as the respondent in any appeal arising from proceedings under that Act or section 9 (1) of the [Veterinary Practice Act 2003](/view/html/inforce/current/act-2003-087). > > **s 70:** Am 2003 No 87, Sch 3.6; 2024 No 51, Sch 5.3.