McKinnon v USA & Anor [2007] EWHC 762 (Admin) (03 April 2007)

McKinnon v USA & Anor [2007] EWHC 762 (Admin) (03 April 2007)

None of the statutory bars to extradition are established; there is no evidence of prejudice due to political opinions, delay is explained and not oppressive, Article 8 rights are not breached as no exceptional circumstances exist, and US plea bargaining and repatriation practices do not amount to abuse of process. The appeals against both the District Judge and Secretary of State are dismissed.

Citation
[2007] EWHC 762 (Admin)
Parties
Appellant: Gary McKinnon; 1st Respondent: Government of the USA; 2nd Respondent: Secretary of State for the Home Dept
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Extradition Appeal / Appeal From Bow Street Magistrates' Court and Secretary of State's Extradition Order
Outcome
Appeals dismissed
Legal Topics
Extradition, Abuse of Process, Human Rights (article 8 Echr), Passage of Time, Political Offence Exception, Plea Bargaining, Specialty Principle
Criminal Law Extradition Law Human Rights Law Extradition Abuse of Process Human Rights (article 8 Echr) Passage of Time Political Offence Exception +2 more

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Parties

Gary McKinnon

Appellant

Government of the USA

1st Respondent

Secretary of State for the Home Dept

2nd Respondent

Procedural Posture

Extradition Appeal / Appeal From Bow Street Magistrates' Court and Secretary of State's Extradition Order

Legal Issues

  1. 1 Whether extradition is barred by extraneous considerations (political opinions) under Extradition Act 2003 section 81
  2. 2 Whether extradition is barred by passage of time under section 82
  3. 3 Whether extradition would be incompatible with Article 8 ECHR (right to private and family life)

Ratio Decidendi

None of the statutory bars to extradition are established; there is no evidence of prejudice due to political opinions, delay is explained and not oppressive, Article 8 rights are not breached as no exceptional circumstances exist, and US plea bargaining and repatriation practices do not amount to abuse of process. The appeals against both the District Judge and Secretary of State are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals against the District Judge and Secretary of State dismissed
  • Written submissions invited on steps to protect appellant pending House of Lords petitions