Civil: Contempt of court: refusals of legal aid

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Reviews of our refusal to grant legal aid for contempt

While we do not have to review your client’s application if they have been refused legal aid for an appeal in contempt proceedings  we will reconsider the application if we are satisfied there are good grounds for doing so.

Power of court to determine the interests of justice

If the court decides it is in the interests of justice for your client to receive legal aid they may decide legal aid should be available, before disposing of the appeal. We must then immediately grant legal aid.

Successful contempt appeals and payment under Secretary of State’s Determination

If we refuse legal aid for an appeal but the appeal nonetheless proceeds and is successful, you may be entitled to payment of your fees and outlays.

If the case comes within the terms of the Determination, we may pay if the following conditions are satisfied:

  • The accused successfully appealed against a decision of a court in proceedings for contempt
  • After consideration of your client’s financial circumstances when they initially applied, that the expenses of the appeal would cause them or their dependants undue hardship
  • That it is reasonable that payment should be made

We will deal with any account of your fees and outlays for the successful appeal as if legal aid had been made available.

Civil: Legal aid in contempt appeals: applications to us and tests applied
Civil: Sanction in contempt of court cases

In this section

Legal aid for Civil contempt of court proceedings

Civil: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

Legal aid for Civil contempt of court proceedings

Who can provide legal aid for contempt of court in civil proceedings? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

Legal aid for Civil contempt of court proceedings

Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

Legal aid for Civil contempt of court proceedings

Civil: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

Legal aid for Civil contempt of court proceedings

Civil: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

Legal aid for Civil contempt of court proceedings

Civil: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

Legal aid for Civil contempt of court proceedings

Civil: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.

Legal aid for Civil contempt of court proceedings

Civil: Termination of legal aid in contempt cases: application of Regulation 8 and implications

Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.