NT Supreme Court ruling allows indefinite adjournments for defendants refused legal aid

Criminal defendants in the Local Court who have been refused legal aid on funding grounds could soon have their cases adjourned indefinitely following a ruling in the Northern Territory Supreme Court.

For the past six months Legal Aid NT (LANT) has not been taking on new criminal clients after reaching a self-imposed monthly cap it says is necessary to prevent the organisation running out of money.

It has meant Territorians facing criminal charges have faced the prospect of having to represent themselves in court, though an unknown number have so far been granted adjournments pending the higher court's ruling.

While the High Court ruled in 1992 that Australian courts must halt proceedings if defendants charged with serious crimes are unrepresented through no fault of their own, the NT Supreme Court ruled in 2006 that the requirement did not apply in the territory's Local Courts.

But on Wednesday the NT Supreme Court overturned its 2006 decision, with those already refused legal aid now expected to proceed with applications to have their cases put on hold until LANT's funding issue is resolved.

"First, there is no doubt that the Local Court can hear and determine serious offences carrying a real risk of imprisonment," the decision reads.

"Second, the fundamental right to a fair trial, or not to be tried unfairly, has no less application in summary proceedings than it does in proceedings on indictment, although the necessary incidents of a fair trial may vary according to the nature of the hearing.

"Third, the Local Court has an implied power to regulate its own proceedings, including a power to prevent the abuse of its processes.

"That power extends to the grant of a stay of proceedings to prevent unfairness."

'Justice delayed is justice denied'

Since LANT's decision to cap its services in November, the organisation has been at loggerheads with the NT government over its funding amid the Country Liberal Party's crime crackdown.

In a letter leaked to the ABC last month, LANT director Catherine Voumard said without additional funding or a reduction in demand, there was "no present prospect of being able to reverse the reduction of services".

But the NT government has maintained it delivered the service its "largest baseline funding increase" during the 2025-26 financial year, blaming LANT for its economic management.

Speaking to ABC Radio Darwin this morning, NT Criminal Lawyers Association president Beth Wild said the latest ruling gave the Local Court "some certainty".

"Before that occurred we weren't sure how the Local Court could deal with unrepresented people that were likely to have an unfair hearing because they were unrepresented," she said.

Ms Wild explained the ruling meant criminal proceedings in the Local Court could be put "on hold until such time as [defendants] could be represented to have a fair trial".

Ms Wild added the ruling affected not only the "significant number of people that are awaiting their hearing in the Local Court" but also victims seeking justice.

"The old adage we have is justice delayed is justice denied," she said.

The experienced NT lawyer said "violent offenders and people charged with assault" could be among those granted indefinite adjournments.

"It may not apply to all of the violent offenders, the recidivist offenders, because they'll be on remand," she said.

"But if someone is bailed — so they might be a first offender, but a violent offender — it might be domestic violence, it might be violence against a member of the public, but certainly it could apply to them."

LANT and the NT government have been contacted for comment.

Summary, indictable and 'serious' offences

Criminal charges in the NT are broadly divided between "summary" offences, decided by a judge in the Local Court — which can include cases involving a maximum penalty of 10 years or less — and more serious, "indictable" offences, tried before a jury in the Supreme Court.

However, in its 1992 decision the High Court used language which did not fall neatly into either category, saying only that the rule requiring adjournments for unrepresented defendants applied to "serious" offences.

As a result, in 2006 the NT Supreme Court ruled the High Court's decision did not apply to "summary" proceedings, effectively excluding its application from the Local Court's jurisdiction.

In March, lawyers for a woman charged with three counts of aggravated assault and one count each of unlawful entry and going armed in public in 2023, applied for her case to be adjourned after she was refused legal aid due to funding constraints.

Citing the 2006 decision, the court referred the case to the Full Court of the Supreme Court, which handed down its decision reversing itself yesterday.

A number of defendants previously granted temporary adjournments ahead of the Supreme Court's ruling are expected to return to court later this month.