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prevents the court from staying or adjourning a trial because an accused has been refused legal assistance. Clause 197 re-enacts section 360A of the Crimes Act 1958 which was enacted to deal with problems highlighted in the High Court's decision in R v Dietrich (1992) 177 CLR 292. In that case, it was held that if the trial judge forms the view that a fair trial is unlikely because of the accused's inability to obtain legal representation, a stay of proceedings may be ordered. This can create a stalemate if legal aid is refused in a case where the court considers that legal assistance is necessary to ensure a fair trial.