Liberty argues that where conduct constituting a crime occurs in the UK then a British court should be allowed to refuse extradition if it is in the interests of justice to do so. Liberty also holds that the requesting country should have to make out the case for extradition in a British court before the request is granted.
Isabella Sankey, Director of Policy for Liberty, said:
“Today’s court decision demonstrates the disgrace that is Britain’s extradition arrangements that allow vulnerable people to be shipped off around the world when they should be tried here at home. Our judges’ hands have been tied by rotten legislation that should now be overhauled by Parliament without delay.”
Contact Mairi Clare Rodgers on 020 7378 3656 or 07973 831 128
NOTES TO EDITORS
1. The Conservatives have proposed an amendment to the Policing and Crime Bill that, if it becomes law, would have made a huge difference to Gary McKinnon’s case.
2. The Conservative amendment would bring into force amendments that were originally passed in the Police and Justice Act 2006. These amendments provide:
(1) “A person's extradition to … (“the requesting territory”) is barred by reason of forum if (and only if) it appears that:
(a) a significant part of the conduct alleged to constitute the extradition offence is conduct in the United Kingdom, and
(b) in view of that and all the other circumstances, it would not be in the interests of justice for the person to be tried for the offence in the requesting territory.
(2) For the purposes of subsection (1)(b) the judge must take into account whether the relevant prosecution authorities in the United Kingdom have decided not to take proceedings against the person in respect of the conduct in question.
3. If this amendment had already been in place, it is quite likely that a British court would have barred Gary McKinnon’s extradition because the conduct occurred in the UK and, due to Mr McKinnon’s diagnosed Asperger’s syndrome, it would likely not have been in the interests of justice for him to be tried in the US where he would face possible long-term imprisonment.
4. Liberty’s briefing on the Policing and Crime Bill (which sets out Liberty’s position on extradition) can be found
here 
