Where a respondent accused is without counsel through no fault of their own in a prosecutor's interlocutory appeal, the Court will grant an adjournment limited to the time necessary to obtain representation, even where this causes significant delay to the trial. The Legal Aid Commission's requirement for a separate merits advice before granting aid to defend a successful interlocutory ruling was criticised as lacking rational justification. Counsel briefed for a criminal trial may be expected to attend related interlocutory appeal hearings even where separate funding is uncertain.
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