McKinnon v USA & Anor

McKinnon v USA & Anor

None of the grounds of appeal are made out. There is no evidence that extradition is sought for political opinions or that Mr McKinnon would be prejudiced for his political views. The passage of time is explained and does not render extradition unjust or oppressive. There are no exceptional circumstances to make extradition disproportionate under Article 8 ECHR. The conduct of the US authorities, including plea bargaining and repatriation discussions, does not amount to an abuse of process. The appeals are dismissed.

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 to Category 2 Territory, Abuse of Process, Passage of Time Bar, Human Rights (article 8 Echr), Plea Bargaining, Political Opinions as Bar to Extradition
Criminal Law Extradition Law Human Rights Law Extradition to Category 2 Territory Abuse of Process Passage of Time Bar Human Rights (article 8 Echr) Plea Bargaining +1 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)
  2. 2 Whether extradition is barred by passage of time
  3. 3 Whether extradition is incompatible with Article 8 ECHR (right to private and family life)

Ratio Decidendi

None of the grounds of appeal are made out. There is no evidence that extradition is sought for political opinions or that Mr McKinnon would be prejudiced for his political views. The passage of time is explained and does not render extradition unjust or oppressive. There are no exceptional circumstances to make extradition disproportionate under Article 8 ECHR. The conduct of the US authorities, including plea bargaining and repatriation discussions, does not amount to an abuse of process. The appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals against the decisions of the District Judge and Secretary of State are dismissed.
  • Written submissions on ancillary matters to be lodged by 4.30pm on the day preceding the handing down of judgment.