The ongoing legal aid funding stoush between the CLP Government and Legal Aid NT could now see “violent offenders” have their charges put on hold indefinitely, the Criminal Lawyers Association has said, following a recent decision by the NT Supreme Court that will permit NT Local Courts to grant lengthy adjournments on the grounds that defendants cannot obtain a lawyer.
Legal Aid NT was forced to reduce legal services last November citing NT Government funding cuts, which resulted in a monthly cap on the amount of people who can get a legal aid lawyer, with many having to represent themselves in court raising questions about fair trials. That includes those currently on bail.
On Wednesday, the NT Supreme Court overturned its 2006 decision that a High Court ruling to stay proceedings if a defendant charged with serious crimes could not obtain representation through no fault of their own did not apply to the NT’s Local Courts.
The new decision to grant adjournments is expected to result in defendants across the NT applying to have their criminal cases granted a stay of proceedings until a lawyer can be obtained through legal aid.
Criminal Lawyers Association NT president Beth Wild said the ruling gave the NT’s Local Courts “some certainty” around whether to put matters on hold “until such time as [defendants] could be represented to have a fair trial”.
“Before that [decision] 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,” Ms Wild told ABC Radio Darwin.
She said it was likely to affect those already on bail – not those currently on remand – who will be able to make an application to have their cases put on hold indefinitely.
It will also affect and delay the outcomes of victims seeking justice.
Ms Wild added those who could have their cases adjourned include “violent offenders and people charged with assault”.
“It may not apply to all of the violent offenders, the recidivist offenders, because they’ll be on remand,” Ms Wild told ABC.
“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 yes it could apply to them. They could get a stay and the victim won’t have their day in court.”
Attorney-General Marie Clare Boothby did not immediately respond to questions on Thursday about the Supreme Court’s decision, which was made in relation to an assault case in the NT, and what the government intends to do about the legal aid funding shortages.
The NT Independent revealed a letter from Legal Aid NT director Catherine Voumard to Ms Wild last month showing LANT was forced to make service cuts due to “a reduction in our overall funding to provide legal aid services”, with Ms Voumard later suggesting the total reduction of funding was more than $3.2 million this financial year.
She added that without funding being restored, “further reductions of services” were inevitable.
Ms Boothby has refuted that funding to LANT was cut this financial year and blamed Legal Aid NT for not managing its resources properly. She claimed the government has offered a multi-year funding agreement to provide certainty but it was not accepted by LANT.
Ms Wild said that proposed multi-year funding agreement is not enough to address the current problems and reduced legal aid services.
Ms Voumard has not responded to the NT Independent’s questions in nearly a week about the situation and whether her position is tenable given the public stoush with the Attorney-General.
There are people, (yes who made some very stupid, very regrettable decisions) who are languishing in jail for 7 months for a break and enter, who have extreme difficulty in getting any access to Darwin Legal Services.
The people who where caught on the same day, who had access to expensive Criminal Lawyers are out in bail in the blink of an eye!!
As much as it pains me to say, even criminals have rights.
The CLP need to up their game!