Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”
The Guardian, 16th July 2009
Source: www.guardian.co.uk
” ‘Humanitarian considerations’ that have arisen in the case of Asperger’s syndrome sufferer Gary McKinnon mean he should not face trial in the US for hacking into American military computers, the high court heard today.”
The Guardian, 14th July 2009
Source: www.guardian.co.uk
“A man attempted to avoid extradition today because his human rights could be breached by being fed ‘potentially life threatening’ red onions in an Irish jail.”
The Independent, 9th July 2009
Source: www.independent.co.uk
Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20
“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Former Home Secretary Jacqui Smith ‘chose to disregard’ the impact of a computer hacker’s mental health problems when she approved his extradition to the US, an MP said today.”
The Independent, 18th June 2009
Source: www.independent.co.uk
“Two men have lost a High Court fight against extradition to Cyprus where they face three-year jail sentences for the manslaughter of a teenager.”
BBC News, 17th June 2009
Source: www.bbc.co.uk
“A British ‘UFO eccentric’ accused of hacking into US military networks brought a last challenge in the High Court yesterday against extradition to America on health grounds.”
The Times, 10th June 2009
Source: www.timesonline.co.uk
“A British computer hacker who targeted Nasa should be tried in the UK not the US because his mental state is so fragile, the High Court has heard.”
BBC News, 9th June 2009
Source: www.bbc.co.uk
Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece
Queen’s Bench Divisional Court
“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
“The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”
WLR Daily, 6th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Gomes v Republic of Trinidad and Tobago; Goodyer v Same
House of Lords
“An accused who deliberately fled from a jurisdiction where his trial was pending was not generally entitled to rely on the passage of time due to the delay of the extraditing state in bringing him to justice as a bar to his extradition.”
The Times, 5th May 2009
Source: www.timesonline.co.uk
Gomes v Government of the Republic of Trinidad and Tobago [2009] UKHL 21; [2009] WLR (D) 139
“Where an accused deliberately fled from a jurisdiction where his trial was pending, he was not, save in exceptional circumstances, entitled to rely, under s 82 of the Extradition Act 2003, on the passage of time due to delay on the part of the requesting state in bringing him to justice as a bar to his extradition.”
WLR Daily, 29th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A man serving 33 years in a British jail for a drug offence committed in Thailand is to challenge his sentence in what could become a precedent-setting case for Britons jailed abroad. The case is being watched by the growing number of Britons in overseas jails who want to serve their sentence in the UK.”
The Guardian, 16th April 2009
Source: www.guardian.co.uk
“A man accused of taking part in the 1994 Rwandan genocide has said he wanted to face trial in the UK and clear his name.”
Daily Telegraph, 10th April 2009
Source: www.telegraph.co.uk
“Human rights campaigner and former hostage Terry Waite has called on the US to drop charges against British computer hacker Gary McKinnon.”
BBC News, 16th March 2009
Source: www.bbc.co.uk
“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”
WLR Daily, 11th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Shabby solicitor’s office in north London at the centre of an extraordinary transatlantic investigation.”
The Independent, 7th March 2009
Source: www.independent.co.uk
“Retired businessman Ian Norris began a new High Court battle today to avoid extradition to the US where he faces trial on charges of obstructing justice.”
The Times, 26th February 2009
Source: www.timesonline.co.uk
“Computer hacker Gary McKinnon lost the latest round of his fight against extradition to the US today when British prosecutors refused to bring charges against him.”
The Independent, 26th February 2009
Source: www.independent.co.uk
“Lord Carlile, the independent reviewer of anti-terror laws, has written to the home secretary to ask her to enable computer hacker Gary McKinnon to be prosecuted in the UK rather than face extradition and a jail term in the US. The intervention comes as the director of public prosecutions, Keir Starmer QC, is considering whether to prosecute McKinnon, who has been diagnosed with Asperger’s syndrome, under British computer misuse laws.”
The Guardian, 23rd February 2009
Source: www.guardian.co.uk
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