On Wednesday, the Supreme Court confirmed proceedings may be stayed where defendants cannot access legal representation, delaying cases across the Northern Territory. The Australian Christian Lobby (ACL) has been advocating for Legal Aid NT to be properly funded for 6 months, to ensure a fair trial for all Territorians.
A challenge was made in the Supreme Court of the Northern Territory for Local Court judges being able to grant an adjournment or stay if a defendant is unable to obtain legal representation. The Full Court in the Supreme Court of the Northern Territory have confirmed that the Local Court has this implied power. This, in essence, will stop cases from being heard indefinitely in many situations.
Legal Aid Northern Territory announced in November major restrictions on its free legal service due to funding pressures. This decision has left many Territorians having to self-represent in court, including children.
Nicholas Lay, NT Director of ACL said “We were all hoping that the 26-27 budget would include additional funding for Legal Aid NT, so that Territorians could again receive legal representation. However, I have received direct confirmation from Catherine Voumard, Director of the Northern Territory Legal Aid Commission, stating that the latest budget ‘does not provide Legal Aid NT with any additional funding’.”
Lay further says “For the assurance of a fair trial, this is an excellent decision by the Supreme Court. However, the courts could be stalled by this decision. The NT Government needs to finally provide that funding, so that justice can be served in a timely manner. The balls in the Governments court now. Time for the Attorney-General of the Northern Territory to act, Marie-Clare is holding up the courts and justice now.”
