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| Gary McKinnon and extradition – key questions answered | Gary McKinnon and extradition – key questions answered |
| (25 days later) | |
| What will happen to Gary McKinnon now? | What will happen to Gary McKinnon now? |
| The director of public prosecutions will now consider the charges brought in the US against Gary McKinnon and assess whether he should be prosecuted in this country – perhaps under the Computer Misuse Act. "We are going to consider his case carefully and come to a decision as quickly as possible," a Crown Prosecution Service spokesman said. In the past, the CPS has said punishments available under such UK legislation were far lower than under equivalent laws in the US. | The director of public prosecutions will now consider the charges brought in the US against Gary McKinnon and assess whether he should be prosecuted in this country – perhaps under the Computer Misuse Act. "We are going to consider his case carefully and come to a decision as quickly as possible," a Crown Prosecution Service spokesman said. In the past, the CPS has said punishments available under such UK legislation were far lower than under equivalent laws in the US. |
| What are the charges against him? | What are the charges against him? |
| Ten years ago McKinnon was originally indicted by a US court on eight counts of hacking into more than 90 US military computer systems. He is alleged to have gained access online from his home in the UK and faced up to 60 years in an American jail if convicted. | Ten years ago McKinnon was originally indicted by a US court on eight counts of hacking into more than 90 US military computer systems. He is alleged to have gained access online from his home in the UK and faced up to 60 years in an American jail if convicted. |
| How will this decision affect others facing extradition to the US? | How will this decision affect others facing extradition to the US? |
| The home secretary, Theresa May, is planning to introduce new legislation which will allow courts to decide where suspects should be tried. Other cases already in the extradition pipeline, such as that of Richard O'Dwyer, a British student wanted by the US authorities for allegedly breaching American copyright laws, may not be affected by her announcement, however. | The home secretary, Theresa May, is planning to introduce new legislation which will allow courts to decide where suspects should be tried. Other cases already in the extradition pipeline, such as that of Richard O'Dwyer, a British student wanted by the US authorities for allegedly breaching American copyright laws, may not be affected by her announcement, however. |
| What is the new 'forum bar' test that will be introduced? | What is the new 'forum bar' test that will be introduced? |
| The test will transform current extradition processes. It will allow a UK court to decide whether a person should stand trial here or abroad. As May told the Commons: "This will mean that where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas, if they believe it is in the interests of justice to do so." | The test will transform current extradition processes. It will allow a UK court to decide whether a person should stand trial here or abroad. As May told the Commons: "This will mean that where prosecution is possible in both the UK and in another state, the British courts will be able to bar prosecution overseas, if they believe it is in the interests of justice to do so." |
| It is meant to rebut accusations that the government is too willingly abdicating its responsibility for UK citizens and handing them over to foreign jurisdictions for trial. | It is meant to rebut accusations that the government is too willingly abdicating its responsibility for UK citizens and handing them over to foreign jurisdictions for trial. |
| Why have some critics accused the home secretary of double standards? | Why have some critics accused the home secretary of double standards? |
| The family of the terror suspect Babar Ahmad, who was extradited alongside the radical cleric Abu Hamza earlier this month, welcomed the McKinnon decision but accused the government of selective justice. | The family of the terror suspect Babar Ahmad, who was extradited alongside the radical cleric Abu Hamza earlier this month, welcomed the McKinnon decision but accused the government of selective justice. |
| "Many of our supporters are angry at what appears to be blatant old-fashioned racism under which all British citizens are equal but some are more equal than others," Ahmad's family said in a statement. "Questions do need to be asked as to why within the space of two weeks, a British citizen with Asperger's accused of computer-related activity is not extradited, while two other British citizens, one with Asperger's, engaged in computer-related activity are extradited." | "Many of our supporters are angry at what appears to be blatant old-fashioned racism under which all British citizens are equal but some are more equal than others," Ahmad's family said in a statement. "Questions do need to be asked as to why within the space of two weeks, a British citizen with Asperger's accused of computer-related activity is not extradited, while two other British citizens, one with Asperger's, engaged in computer-related activity are extradited." |
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