13Costs

13 Costs In case of any charge by a private prosecutor for the publication of any defamatory libel if judgment is given for the accused, he shall be entitled to recover from the prosecutor the costs sustained by the said accused by reason of such charge; and upon a special plea of justification to such charge if the issue is found for the prosecutor, he shall be entitled to recover from the accused the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the accused or prosecutor respectively to be assessed by the proper officer of the court before which the said charge is tried. S. 13AA inserted by No. 68/2009 s. 97(Sch. item 137.5). 13AA Transitional (1) Section 10 as amended by section 435(2) of the **Criminal Procedure Act 2009** applies to an offence alleged to have been committed on or after the commencement of section 435(2) of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(2) of the **Criminal Procedure Act 2009**, the offence is alleged to have been committed before that commencement. Pt 1A (Heading and ss 13A–13D) inserted by No. 56/1998 Part IA—Publishers S. 13A inserted by No. 56/1998