The Dietrich fair trial principle is not limited to cases where an accused is entirely unrepresented; it extends to situations where the absence of an instructing solicitor for the duration of a serious criminal trial would render the trial unfair. The decision in Milat does not preclude a stay where the issue is the absence of a solicitor at trial rather than the relative competence of available counsel. The Crown's acquiescence in a stay order below will ordinarily preclude it from challenging the order on interlocutory appeal.
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