NT Supreme Court clears way for potential wave of summary adjournments

Beth Wild says the ruling means criminal proceedings in the Local Court could be put on hold until a "fair trial" was possible. (ABC News: Pete Garnish)

The Supreme Court has overruled a decades-old decision that blocked criminal defendants in Northern Territory Local Courts from seeking adjournments after being refused legal aid on funding grounds.

Since November, Legal Aid NT and the Country Liberal Party government have continued to blame each other for the funding impasse that has seen an increasing number of defendants seeking to have their cases put on hold.

An unknown number of Territorians facing criminal charges in the Local Court are now expected to apply for indefinite adjournments based on yesterday's ruling.

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.

The NT Supreme Court has reversed a two-decades-old decision blocking defendants in the Local Court from seeking adjournments based on a lack of representation through no fault of their own. (ABC News: Tristan Hooft)

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.

Dozens of people charged with serious crimes in the NT could have their cases halted if a landmark legal challenge succeeds.

"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 he