2.9 Criminal contempt of court

Legal aid is available to defend a charge of contempt of court where:

• the applicant for legal aid is the respondent in the court proceedings, and
• Legal Aid NSW is satisfied that, if convicted, there is a real possibility of a term of imprisonment being imposed (see Crime guideline 2.7).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test.

Legal aid is available for sentence proceedings for a contempt of court where:

• the applicant for legal aid is the respondent in the court proceedings, and
• Legal Aid NSW is satisfied that there is a real possibility of a term of imprisonment being imposed (see Crime guideline 2.7).

To be eligible for legal aid the applicant must satisfy:

• the Means Test.

Legal aid is available to a contemnor to apply for a discharge of sentence for a contempt of court. For legal aid to be granted in these matters the following tests must be satisfied:

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test.

Note: Where an applicant seeks to appeal a sentence for contempt of court see the policy applicable to the court in question. For example Crime policy 2.4.1: Appeals from the Local Court or Crime policy 2.4.2: Criminal appeals to Court of Criminal Appeal and High Court of Australia.