(2) Whensoever upon the trial of any charge for the S. 11(2) publication of a libel under the plea of not guilty amended by Nos 57/1989 evidence has been given which establishes a s. 3(Sch. item presumptive case of publication against the 223.2), 68/2009 accused by the act of any other person by his s. 97(Sch. authority, it shall be competent to such accused to item 137.3). prove that such publication was made without his authority consent or knowledge and that the said publication did not arise from want of due care or caution on his part. * * * * * S. 12 repealed by No. 75/2005 s. 49(Sch. 4 item 3.2). 13 Costs No. 3807 s. 12. S. 13 In case of any charge by a private prosecutor for amended by Nos 57/1989 the publication of any defamatory libel if s. 3(Sch. judgment is given for the accused, he shall be item 223.3), 35/1996 entitled to recover from the prosecutor the costs s. 453(Sch. 1 sustained by the said accused by reason of such item 90.1), 68/2009 charge; and upon a special plea of justification s. 97(Sch. to such charge if the issue is found for the item 137.4). 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. 13AA Transitional S. 13AA inserted by No. 68/2009 (1) Section 10 as amended by section 435(2) of the s. 97(Sch. Criminal Procedure Act 2009 applies to an item 137.5). 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
S. 11(2) amended by Nos 57/1989 s. 3(Sch. item 223.2), 68/2009 s. 97(Sch. item 137.3). (2) Whensoever upon the trial of any charge for the publication of a libel under the plea of not guilty evidence has been given which establishes a presumptive case of publication against the accused by the act of any other person by his authority, it shall be competent to such accused to prove that such publication was made without his authority consent or knowledge and that the said publication did not arise from want of due care or caution on his part. S. 12 repealed by No. 75/2005 s. 49(Sch. 4 item 3.2). * * * * * No. 3807 s. 12. S. 13 amended by Nos 57/1989 s. 3(Sch. item 223.3), 35/1996 s. 453(Sch. 1 item 90.1), 68/2009 s. 97(Sch. item 137.4). 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