9. Criminal contempt of court

9.1 Contempt of court - defended proceedings

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 (Criminal law guideline 2.7).

To be eligible for legal aid the applicant must satisfy:

9.2 Contempt of court - sentence proceedings

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 (Criminal law guideline 2.7).

To be eligible for legal aid the applicant must satisfy:

9.3 Contempt of court - discharge of sentence proceedings

Legal aid is available to a contemnor to apply for a discharge of sentence for a contempt of court. 

To be eligible for legal aid the applicant must satisfy:

Note: Where an applicant seeks to appeal a sentence for contempt of court see the policy applicable to the court in question. For example Criminal law policy 4.1: Appeals from the Local Court or 4.2: Appeals to Court of Criminal Appeal and High Court of Australia.