Requesting: United StatesRequested: United Kingdom

Gary McKinnon: extradition case and outcome

The United States sought the extradition of Gary McKinnon over alleged unauthorised access to US government computers. The House of Lords dismissed his appeal in 2008. On 16 October 2012 the Home Secretary, Theresa May, withdrew the extradition order, concluding that extradition would breach his rights under Article 3 of the European Convention on Human Rights because of the risk that he would end his life.

Refused The Home Secretary withdrew the extradition order on 16 October 2012 on human rights grounds, and he was not extradited. She said the Director of Public Prosecutions would decide whether he had a case to answer in a UK court.²

Charges as alleged. US authorities alleged that, working from his home computer in London, he gained unauthorised access to 97 US government computers between February 2001 and March 2002, including army, navy, NASA, Defense Department and Air Force systems. Indictments were issued in New Jersey and Virginia in 2002, according to the House of Lords judgment.¹

Charges are allegations unless a court has convicted. Each record states what each court or minister decided and the person's public response.

Decisions

30 July 2008House of Lords (Lord Scott, Lord Phillips, Baroness Hale, Lord Brown, Lord Neuberger)Dismissed his appeal, rejecting the argument that US plea bargaining pressure was an abuse of the extradition process. The certified question was answered not in this case.¹
16 October 2012Home Secretary Theresa MayWithdrew the extradition order, concluding that extradition would give rise to such a high risk of him ending his life that it would be incompatible with his human rights under Article 3 ECHR.²

What happened next

Not extradited. The outcome of any UK prosecution decision is not covered by the sources read.²

Response

Before the House of Lords he argued that the gap between the sentence predicted if he cooperated and the sentence predicted if he contested extradition was improper pressure amounting to abuse of process.¹

Legal points

The Home Secretary relied on Article 3 ECHR and on medical and legal advice, noting that he has Asperger's syndrome and depressive illness.²
In the same statement she announced a forum bar, allowing British courts to bar prosecution overseas where it is in the interests of justice and prosecution is possible in both states.²
The House of Lords rejected the claim that US plea bargaining and repatriation offers abused the extradition process.¹

Sources

House of Lords, McKinnon v Government of the United States of America and Another [2008] UKHL 59 (30 July 2008)
UK Parliament (Hansard), House of Commons Hansard, 16 October 2012, Home Secretary statement on extradition (16 October 2012)