The prospect that the period on remand will exceed the likely non-parole period if convicted can, of itself, constitute exceptional circumstances under s 15AA of the Crimes Act 1914 (Cth) justifying bail for a terrorism offence. The duration and extent of police surveillance of an accused prior to arrest, without any suggestion that the arrest was prompted by concern about an imminent terrorist act, is relevant to assessing the risk of committing a serious offence if released. The principles of equal justice and s 68 of the Judiciary Act 1903 (Cth) require that persons charged with Federal offences be treated comparably to those charged with State offences regarding bail conditions including electronic monitoring.
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