What Makes Terrorism Trials Different?

Terrorism trials in Australia have demonstrated, and continue to demonstrate, features which make them markedly different from the general run of criminal trials. This article focuses on the personal experience of a retired Supreme Court judge in relation to several such trials. It highlights the following differences: criminal behaviour based on a religious or ideological persuasion; inherent bias; the impact of national security protection laws and public interest immunity; the complexity of our terrorism legislation and the sentencing principles relevant to persons convicted of a serious terrorist offence. Against this background, the article addresses, from a practical perspective, the sometimes complex nature of the steps necessary to ensure a fair trial in an Australian terrorism trial.