The High Court of Australia rules in Dietrich v The Queen that although there is no absolute right to have publicly funded counsel, in most circumstances a judge should grant any request for an adjournment or stay when an accused is unrepresented.
Dietrich v The Queen is a High Court of Australia constitutional case which established a de facto requirement that legal aid be provided to defendants in serious criminal trials. The Court determined an adjournment ought to be granted in such trials where the accused is without legal representation through no fault of their own and proceeding would result in the trial being unfair. Dietrich v the Queen is considered important and said to have "had a fundamental impact on the Australian justice system".Until Dietrich v The Queen, it was customary for those unable to afford legal representation to be forced to trial, even when facing serious criminal charges, with previous High Court rulings finding representation preferable but not requisite for a fair trial. In a 5-2 opinion, the Court confirmed those facing trial are not entitled to legal aid at public expense, but that courts possess power to order a stay where proceeding would result in an unfair trial.The case originated in the County Court of Victoria, where Olaf Dietrich, later known as Hugo Rich, had been convicted of importing a trafficable quantity of heroin. Prior to trial, Dietrich had applied for legal assistance through several avenues, all of which were rejected. After leave to appeal was rejected by the Victorian Court of Criminal Appeal, the matter was escalated to the High Court of Australia. Counsel for Dietrich applied for appeal on one ground being Dietrich's lack of legal representation meant the trial in the County Court of Victoria was miscarried.
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.
The High Court was established following passage of the Judiciary Act 1903. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the Judiciary Act 1903 and the High Court of Australia Act 1979.Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel . Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70.
The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking Lake Burley Griffin. Sittings of the court previously rotated between state capitals, particularly Melbourne and Sydney, and the court continues to regularly sit outside Canberra.