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.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
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.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
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:
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 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: 05/12/2022