Gary McKinnon extradition: Theresa May to rule on hacker

Home Secretary Theresa May is due to announce whether computer hacker Gary McKinnon will be extradited to the US.

Mr McKinnon, who admits accessing US government computers but claims he was looking for evidence of UFOs, has been fighting extradition since 2006, the BBC reported.

The 46-year-old, who has been diagnosed with Asperger's Syndrome, could face 60 years in jail if convicted in the US.

Meanwhile, reports suggest that Mrs May will also announce changes to Britain's extradition arrangements with the US. Mr McKinnon's case has been highlighted by critics who say it is too easy for the US to demand the handover of UK citizens.David Cameron raised the issue with President Barack Obama during a meeting at the White House in March and said he would like to see a review.

Court decision

The Daily Mail reports the home secretary is planning to introduce a measure that would make it more likely UK citizens would be tried in the UK - if that is where their alleged crimes took place. The newspaper says the introduction of the so-called forum bar means a court hearing would have to be held to decide where a person should stand trial.

It says Mrs May will make the announcement when she addresses the Commons to give her ruling on Mr McKinnon, from Wood Green, north London. Mr McKinnon's lawyer, Karen Todner, said she had been calling for such a move for years.

She told the BBC: "It would be absolutely fantastic if she does bring that in - but she must combine it with not sending Gary."
BBC legal correspondent Clive Coleman said this would be "seismic" for the UK's extradition arrangements with the US.

He said the measure was already part of an amendment to the Extradition Act but had never been given legislative force - it would require the approval of both Houses of Parliament.

Psychiatrist assessment

US authorities have described the Glasgow-born hacker's actions as the "biggest military computer hack of all time" and have demanded he face justice in America.

They insisted his hacking was "intentional and calculated to influence and affect the US government by intimidation and coercion".The Americans said his actions caused $800,000 (£487,000) worth of damage to military computer systems.

Mr McKinnon has previously lost appeals in the High Court and the House of Lords against his extradition, but two years ago a High Court judge ruled Mr McKinnon would be at risk of suicide if sent away.
Earlier this year Mrs May put the decision on hold to allow Home Office appointed psychiatrists to conduct an assessment. They also concluded that Mr McKinnon would be likely to take his own life if he was sent to face trial in the US.

'Zombified life'

Our correspondent said the home secretary could only halt the extradition on human rights grounds - and he believed this latest report provided her with a basis to do that.
If Mrs May allows the extradition to go ahead, lawyers for Mr McKinnon are expected to apply for a judicial review to challenge the decision.

A provisional hearing date has been set in the High Court for 28 and 29 November. Mr McKinnon's mother, Janis Sharp, told the BBC her son had lived a "zombified life" for the past decade, which had "destroyed him".

Ms Sharp is calling for him to be tried in the UK and believes extradition powers would be used inappropriately if he was forced to travel to the US.
"This was supposed to be for terrorists this treaty - if you were in a country and you committed a heinous crime and you fled - it wasn't meant for this kind of thing."

She added that Mr McKinnon's Asperger's Syndrome - a form of autism - meant he believed he would be put to death if he was extradited. Isabelle Sankey, policy director of human rights group Liberty, said Mr McKinnon was a vulnerable person who should not be extradited.

"He's got Asperger's Syndrome, he's in absolute terror about what might happen to him if he gets over to the US and medical experts have talked about the fact that he's actually at risk of suicide," she said.
"It's absolute madness in this case to take him abroad and we very much hope the home secretary shows some compassion and common sense."