Leading legal bodies warn proposed cuts to Legal Aid NT services will have a devastating impact on the NT justice system

The Northern Territory’s most powerful legal groups have signed a joint letter calling on the government to address a major funding crisis at the NT Legal Aid Commission that they say threatens to undermine the territory’s justice system.

Last week the ABC revealed that Legal Aid NT plans to drastically cut back on key legal services from January 1, 2025 due to insufficient funding.

Among the proposed changes is that Legal Aid NT will refuse to accept new adult clients accused of crimes, meaning many defendants who cannot afford a lawyer will have no choice but to represent themselves in court.

In a letter sent to NT Attorney-General Marie-Clare Boothby on Tuesday and obtained by the ABC, the chairs of the NT Bar Association, the Law Society NT and the NT Criminal Lawyers Association expressed their “collective grave concern” about the consequences of the upcoming cuts in legal aid benefits.

“The Northern Territory’s justice system is already severely underfunded and overburdened and is simply unable to withstand this latest blow,” the letter said.

The ABC has seen correspondence showing that Legal Aid NT plans to refuse all new applications for assistance with criminal justice matters involving adults from October 21.

The Service also intends to stop transferring grants to support criminal services to Bush courts and to stop hiring private criminal defense attorneys to provide services.

All referred matters involving adults listed for trial or hearing after January 1 will be discontinued and Bush Court services will cease entirely.

In their letter to Ms Boothby, judicial authorities warned of “a period of chaos and uncertainty” as defendants currently receiving legal aid would be brought back to court because they would no longer have representation.

“Cases without an attorney will take longer to get listed for arraignment, hearing, committal, trial or appeal as unrepresented defendants attempt to navigate their way through the justice system,” the letter said.

Justice officials wrote that victims could face longer waits for justice and, in some cases, be subjected to cross-examination by a self-represented defendant.

They also warned that the defendants would remain in custody longer, which would “increase the costs to the government of incarceration and pressure on the prison system dealing with overcrowding.”

Because the NT’s prisons are so overcrowded, many of them are held in police guard houses, with Indigenous Territorial residents making up the overwhelming majority of inmates.

Judicial authorities warned that more defendants would be released on bail because courts could not justify their pretrial detention.

They also described how prosecutors and courts must work even harder to ensure a fair trial when a defendant represents himself.

“The risk of miscarriages of justice will increase, leading to increased appeals and damage to the reputation of the justice system,” the letter said.

“Some processes will not be able to continue.”

Prime Minister calls for needs-based federal funding

At a press conference on Tuesday, Prime Minister Lia Finocchiaro said the government was working to resolve Legal Aid NT’s funding problems.

“I don’t know where Legal Aid got this fictitious October deadline,” she told reporters.

“We work with them and know they have a contract to provide services and we will hold them accountable for that.”

Legal Aid NT receives funding from both the NT Government and the Commonwealth’s National Legal Assistance Partnership Agreement (NLAP).

Annual reports from 2020 to 2023 show the NT Government typically donates about $10 million to the NT Legal Aid Commission each year, while the Commonwealth contributes about $7 million each year.

Legal Aid NT has repeatedly highlighted the urgent need for longer-term funding and has previously suspended Bush Court operations due to budget constraints.

Ms Finocchiaro acknowledged that Legal Aid NT has faced increased demand for its services in recent months.

“We will continue to work with them in good faith to deliver the results [needs-based funding] because we need a strong legal services sector.”

The federal government’s new legal aid funding agreement, known as the National Access to Justice Partnership, is scheduled to come into force on July 1, 2025.

The partnership will include an additional $800 million in financing. However, it is currently unclear how this pool of money will be distributed among the states and territories.

Legal Aid NT has been contacted for comment.

In a media statement released on Friday, the service said it acknowledged that “these measures will have an impact on the justice system, including vulnerable clients and courts.”

“Legal Aid NT and the board will continue to seek additional funding to restore and improve our services,” the statement said.

“[We] undertake to regularly review service delivery and adjust it in the light of any changes in Legal Aid NT’s financial position.”