Closes 8 Nov 2024
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We provisionally conclude that for the purposes of legal aid for the defendant, both permission proceedings and committal proceedings are considered to be criminal proceedings.
Do consultees agree?
We provisionally propose that eligibility for legal aid for an application to discharge a committal order should be expressly stated, whether in statute or in policy.
We provisionally conclude that applications to discharge committal orders are criminal proceedings for the purposes of legal aid.
We provisionally propose that means testing for legal aid should apply in all contempt proceedings.
If means testing for legal aid were to apply in all contempt proceedings, are there any categories of cases that should be carved out as exceptions where means testing should not apply?
To what extent are defendants in civil contempt proceedings hampered in their access to legal aid?
Are defendants in anti-social behaviour injunction proceedings at a particular or specific disadvantage?
What changes to the current law or the current processes would remedy problems with access to legal aid for defendants in civil contempt proceedings?
We provisionally propose that contempt proceedings (including permission proceedings) should be criminal proceedings for the purposes of the Courts and Legal Services Act 1990 and thus any conditional fee agreement should not be enforceable in relation to those proceedings.
Where a court is determining costs in contempt proceedings that were commenced on application in a civil court, should there be a requirement that the court consider the defendant’s financial resources?
If there were a requirement that a civil court must consider the defendant's financial resources when determining costs in contempt proceedings, how should this be done?
We provisionally propose that where a defendant is legally aided in contempt proceedings in a civil court then the costs should not exceed the amount (if any) which it is reasonable for the individual to pay having regard to all the circumstances, including:
(1) the financial resources of all of the parties to the proceedings; and
(2) their conduct in connection with the dispute to which the proceedings relate.
