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| Gary McKinnon extradition statement due in Commons | Gary McKinnon extradition statement due in Commons |
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| Theresa May will make a Commons statement on Tuesday on whether the computer hacker Gary McKinnon will be sent to the US to stand trial after an 11-year legal battle. | |
| The home secretary is also expected to give the official response to the review of Britain's extradition laws by the retired high court judge Sir Scott Baker, in the face of widespread criticism that the UK-US treaty is unbalanced and unfair. | The home secretary is also expected to give the official response to the review of Britain's extradition laws by the retired high court judge Sir Scott Baker, in the face of widespread criticism that the UK-US treaty is unbalanced and unfair. |
| May spent the weekend reviewing the papers in the McKinnon case, which include a new government-commissioned report by two leading psychiatrists who warn that McKinnon, 46, who has Asperger's syndrome, is very likely to attempt suicide if his extradition goes ahead. | May spent the weekend reviewing the papers in the McKinnon case, which include a new government-commissioned report by two leading psychiatrists who warn that McKinnon, 46, who has Asperger's syndrome, is very likely to attempt suicide if his extradition goes ahead. |
| If May orders his extradition, albeit with a string of fresh undertakings about his treatment by the Americans, McKinnon's legal team is expected to launch a last-ditch challenge with an application for judicial review. Provisional dates for a high court hearing on 28-29 November have already been pencilled in. | If May orders his extradition, albeit with a string of fresh undertakings about his treatment by the Americans, McKinnon's legal team is expected to launch a last-ditch challenge with an application for judicial review. Provisional dates for a high court hearing on 28-29 November have already been pencilled in. |
| McKinnon was arrested in March 2002 for allegedly hacking into dozens of Pentagon and Nasa computers from his bedroom in Wood Green, north London. He says he was looking for evidence of UFOs and left cybernotes mocking the Pentagon's lack of computer security. He could face up to 60 years in prison if convicted. | McKinnon was arrested in March 2002 for allegedly hacking into dozens of Pentagon and Nasa computers from his bedroom in Wood Green, north London. He says he was looking for evidence of UFOs and left cybernotes mocking the Pentagon's lack of computer security. He could face up to 60 years in prison if convicted. |
| The home secretary's decision will be a key test of the UK-US extradition treaty, which came into force in 2004 and was widely criticised by David Cameron and Nick Clegg while they were in opposition. | The home secretary's decision will be a key test of the UK-US extradition treaty, which came into force in 2004 and was widely criticised by David Cameron and Nick Clegg while they were in opposition. |
| McKinnon's lawyer, Karen Todner, said on Monday: "It has been a long 11-year battle to fight this extradition and we wait with anxiety, but hope, that the home secretary will uphold the promises made by Mr Cameron and Mr Clegg." They have both previously condemned plans to send McKinnon to the US. | McKinnon's lawyer, Karen Todner, said on Monday: "It has been a long 11-year battle to fight this extradition and we wait with anxiety, but hope, that the home secretary will uphold the promises made by Mr Cameron and Mr Clegg." They have both previously condemned plans to send McKinnon to the US. |
| Todner said the two psychiatrists who were instructed by the home secretary had concluded: "We cannot offer reassurance that Mr McKinnon would not attempt to, or be successful in, harming or killing himself if he is arrested or extradited." | Todner said the two psychiatrists who were instructed by the home secretary had concluded: "We cannot offer reassurance that Mr McKinnon would not attempt to, or be successful in, harming or killing himself if he is arrested or extradited." |
| McKinnon's MP, David Burrowes, has said he will resign from the government if May gives the green light to his constituent's extradition. | |
| Burrowes referred to previous pronouncements on the McKinnon case from David Cameron and Nick Clegg. He told the BBC: "We have to keep in mind that assurances were given before the election, that Gary McKinnon is a vulnerable man and no compassionate view would allow him to go to jail, said the prime minister. The deputy prime minister said there would be no excuse for not doing the right thing. | |
| "The only right thing is that Gary McKinnon is not extradited. I will be [resigning] because he is my constituent, he is seen as a man, who if he is to be extradited, he will lose his life. I don't want blood on my hands and also I hold firm to the promises we made and want to follow through with those." | |
| Baker's 2011 review of the extradition arrangements found that many of the criticisms of the UK-US arrangements were founded on misunderstandings about how it operated in practice or ignored the public interest in having effective extradition procedures. | Baker's 2011 review of the extradition arrangements found that many of the criticisms of the UK-US arrangements were founded on misunderstandings about how it operated in practice or ignored the public interest in having effective extradition procedures. |
| He did not recommend major reform but voiced serious concerns over the operation of human rights legislation that allowed delays of months or even years, and cited the McKinnon case as a prime example. | He did not recommend major reform but voiced serious concerns over the operation of human rights legislation that allowed delays of months or even years, and cited the McKinnon case as a prime example. |
| He recommended that the ability of those facing extradition to raise human rights concerns with the home secretary because of changes in their circumstances should be scrapped and the last word should rest with the judiciary. | |
| The Home Office has confirmed that May's decision on McKinnon will be accompanied by an overhaul of the extradition laws that will include the introduction of a "forum bar" to extradition. This will give a district court the power to decide whether those facing extradition should stand trial in Britain or be sent abroad. The power exists in the 2003 Extradition Act but has not yet been implemented and would not apply in the McKinnon case as it would not be retrospective. | |
| Baker came down against the introduction of a forum bar to extradition, arguing it would create delay and generate satellite litigation. | |
| He said in his review that extradition judges at Westminster magistrates court, which deals with all the cases, could not think of a single case since the 2003 act in which the forum bar would have led to a trial in Britain rather than the extradition going ahead. | |
| But many extradition law reformers will welcome the move to a forum bar. | |
| Michael Caplan QC of Kingsley Napley LLP, backed the move: "There's a clear case for legislative amendment to include a forum test by the courts to determine the fairest jurisdiction for trial," he said. | |
| "It should be for a British judge to hear all the arguments in favour of domestic prosecution and balance those against the requesting country's application for extradition. He will have in mind where most of the conduct took place and where the trial should take place in the interests of justice. | |
| "A forum test could prevent the delays and controversies we have seen in recent extradition cases," said Caplan. |