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Policies

4. Criminal Law Matters – when legal aid is available

4.19. Criminal contempt of court

4.19.1 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.

For legal aid to be granted in these matters the following tests must be satisfied:

4.19.2 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.

For legal aid to be granted in these matters the following tests must be satisfied:

4.19.3 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. For legal aid to be granted in these matters the following tests must be satisfied:

Note: where an applicant seeks to appeal a sentence for a contempt of court see the policy applicable to the court in question. Usually this will be: Criminal Law Policy 4.6: Appeals from the Local Court or 4.13: Criminal appeals to Court of Criminal Appeal and High Court.

Date last published: 22/03/2021