Category: extradition

Terror law watchdog Lord Carlile joins clamour for accused hacker to be tried in UK instead of US – The Guardian

Posted February 23rd, 2009 in autism, computer crime, extradition, news by sally

“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.”

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The Guardian, 23rd February 2009

Source: www.guardian.co.uk

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted January 27th, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor, Creteil

House of Lords

“The requirement that notice of an appeal to the High Court had to be given within a specified period meant that the notice had to be served on the respondent as well as filed in the court within that period; the court had no power to grant an extension of time.”

The Times, 27th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

British hacker wins right to challenge US extradition – The Guardian

Posted January 23rd, 2009 in computer crime, extradition, news by sally

“The British computer hacker Gary McKinnon has today won permission to launch a fresh high court challenge against attempts to extradite him to America.”

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The Guardian, 23rd January 2009

Source: www.guardian.co.uk

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France – WLR Daily

Posted January 22nd, 2009 in appeals, extradition, law reports, time limits by sally

Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor in Creteil, France [2009] UKHL 2; [2009] WLR (D) 12

“In order to comply with the requirement in ss 26(4) and 103(9) of the Extradition Act 2003 that notice of an appeal to the High Court must be ‘given’ within the specified period the notice had to be both served on all respondents to the appeal and filed in the court within that period, and the court had no power to grant an extension of time.”

WLR Daily, 21st January 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.

Hacker Gary McKinnon ‘at risk of suicide’ if extradited to US – The Times

Posted January 21st, 2009 in computer crime, extradition, news by sally

“A British computer expert accused of hacking into US military networks would be at real risk of psychosis or suicide if extradited to America, the High Court was told today.”

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The Times, 21st January 2009

Source: www.timesonline.co.uk

Extradition agreement ‘biased in favour of US’ – The Times

Posted January 13th, 2009 in extradition, news by sally

“Gary McKinnon’s case is only the latest in a string of high-profile extraditions involving British citizens to the United States. It comes after the NatWest Three and Ian Norris, former chief executive of Morgan Crucible, fought extradition battles through the courts – in the latter case successfully. Both highlighted the threat to the British business community from what is seen as the ‘long arm’ of US jurisdiction.”

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The Times, 13th January 2008

Source: www.timesonline.co.uk

British prosecution could save hacker from extradition to US – The Guardian

Posted January 12th, 2009 in computer crime, extradition, news by sally

“Gary McKinnon, the computer hacker facing extradition to the US for hacking into the Pentagon and Nasa systems, could now be prosecuted in Britain.”

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The Guardian, 12th January 2009

Source: www.guardian.co.uk

Lawyers query transfer of Iraqis accused of killing British troops – The Guardian

Posted January 12th, 2009 in extradition, injunctions, Iraq, news by sally

“Lawyers are taking the government to court today over the way two Iraqi men were sent for trial in Baghdad despite last-minute injunctions ordering them to remain in British custody.”

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The Guardian, 12th January 2009

Source: www.guardian.co.uk

Innocent Britons ‘may be branded criminals abroad’ after Big Brother databases agreement – Daily Telegraph

Posted December 15th, 2008 in DNA, EC law, extradition, news by sally

“Innocent British citizens may be drawn into foreign criminal investigations after the Government agreed to EU-wide access to its ‘Big Brother’ databases, the Conservatives have warned.”

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Daily Telegraph, 15th December 2008

Source: www.telegraph.co.uk

Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports

Posted December 12th, 2008 in extradition, human rights, law reports by sally

Regina (Wellington) v Secretary of State for the Home Department

House of Lords

“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”

The Times, 12th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Wellington) v Secretary of State for the Home Department – WLR Daily

Posted December 11th, 2008 in extradition, human rights, law reports, murder by sally

R (Wellington) v Secretary of State for the Home Department [2008] UKHL 72; [2008] WLR (D) 380

“A mandatory sentence of life imprisonment without eligibility for parole imposed for two offences of murder in the first degree did not amount to inhuman or degrading punishment so that the Secretary of State had not acted unlawfully in ordering the extradition of an applicant to stand trial in the United States of America.”

WLR Daily, 10th December 2008

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.

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France – Times Law Reports

Posted December 10th, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld, Germany Kaba v Court of First Instance, Creteil, France

Queen’s Bench Divisional Court

“While a European arrest warrant had to be validated by reference to an enforceable national legal procedure, it need not refer to any other European arrest warrant that might previously have been issued in respect of the alleged offences contained in the current warrant.”

The Times, 10th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Hacker in final showdown to avoid extradition to US – The Guardian

Posted December 2nd, 2008 in computer crime, extradition, news by sally

“Briton accused of biggest hack in US military history wins delay in judicial review.”

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The Guardian, 2nd December 2008

Source: www.guardian.co.uk

Louca v Office of Public Prosecutor in Bielefeld, Germany – WLR Daily

Posted December 1st, 2008 in EC law, extradition, law reports, warrants by sally

Louca v Office of Public Prosecutor in Bielefeld, Germany; [2008] WLR (D) 373

“The requirement in s 2(4)(b) of the Extradition Act 2003 that a European arrest warrant (EAW) contained ‘particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence’ did not mean the particulars of any other EAWs that might previously have been issued in respect of the offence in the current EAW.”

WLR Daily, 27th November 2008

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.

Ignaoua v Judicial Authority of the Courts of Milan – WLR Daily

Posted November 3rd, 2008 in extradition, habeas corpus, jurisdiction, law reports by sally

Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340

“Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1.”

WLR Daily, 31st October 2008

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.

Cross-party attempt to fight extradition of British hacker – The Guardian

Posted November 3rd, 2008 in autism, computer crime, extradition, news by sally

“Senior politicians from all parties are urging the home secretary, Jacqui Smith, to halt the extradition of the computer hacker Gary McKinnon unless she receives a guarantee from the US that he will be allowed to serve any sentence imposed in Britain.”

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The Guardian, 3rd November 2008

Source: www.guardian.co.uk

Suspected Holocaust denier Dr Gerald Toben wins extradition fight –

Posted October 30th, 2008 in extradition, genocide, inciting racial hatred, internet, news by sally

“Suspected Holocaust denier Dr Gerald Toben has won his fight against extradition to Germany where he is wanted for allegedly publishing anti-Semitic material on his website.”

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Daily Telegraph, 30th October 2008

Source: www.telegraph.co.uk

Hacker is ‘too sick’ to survive US extradition – The Observer

Posted October 27th, 2008 in computer crime, extradition, news by sally

“The Home Secretary has backed the extradition of a UFO-obsessed computer hacker, despite hearing expert argument that it would be in breach of the European Convention on Human Rights.”

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The Observer, 26th October 2008

Source: http://observer.guardian.co.uk

Door thief, piglet rustler, pudding snatcher: British courts despair at extradition requests – The Guardian

Posted October 20th, 2008 in extradition, news by sally

“The number of extradition cases being dealt with in the UK courts has reached record levels, fuelled by a number of ‘trivial’ requests from Europe that have exasperated the police and clogged up the system, the Guardian has learned.”

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The Guardian, 20th October 2008

Source: www.guardian.co.uk

Alleged Holocaust denier fights extradition to Germany – The Guardian

Posted October 10th, 2008 in EC law, extradition, inciting racial hatred, news by sally

“An Australian revisionist historian wanted in Germany for alleged Holocaust denial was today greeted in court with a Nazi salute from the public gallery.”

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The Guardian, 10th October 2008

Source: www.guardian.co.uk