Gary McKinnon Could Be Tried In The UK, Says Attorney General Dominic Grieve

Gary Mckinnon

First Posted: 15/11/11 16:38 GMT Updated: 15/11/11 16:41 GMT   PA

A report on Britain's extradition treaty with the United States offers guidelines only about whether suspects such as Gary McKinnon could be tried in the UK, the Attorney General has told MPs.

Dominic Grieve said the Government was forming a response to the Baker Report and would consider issues such as a "forum bar" rule which could see suspects tried here if a judge believes it will better serve justice.

Livingston Labour MP Graeme Morrice said: "What consideration are you giving to implementing a forum bar to give more discretion to judges to decide where it is in the interests of justice for cases to be tried in the UK, such as in the case of Gary McKinnon, where the offence was committed in the UK and it is difficult for the defence and witnesses to go to a foreign jurisdiction?"

Mr Grieve told the Commons: "That is touched on in Lord Justice Scott Baker's report and it is one of the matters which will have to be taken into account when the Government responds to it.

"His proposals are rather more in the nature of guidelines rather than the implementation of the forum bar itself. That is one of the matters the Government is going to have to consider."

Former Lib Dem leader Sir Menzies Campbell said he disagreed with the report's conclusions on the standard of proof required to initiate an extradition on either side of the Atlantic and called for reassurance from the Attorney General.

Sir Menzies said: "In determining these matters, will proper account be taken of the principle of reciprocity and will you ensure British citizens are not at a constitutional disadvantage in comparison to their American counterparts?"

Mr Grieve replied: "That was one of the reasons we asked for the matter to be looked into by Lord Justice Scott Baker. We're going to have to take account of what he has put forward and I hope you will make a contribution."

Isabella Sankey, Liberty's director of policy said: "It's heartening to hear MPs speaking against unfair extradition. The majority of the last parliament - including all those now in the cabinet - voted for a forum bar - and a Liberty poll last year revealed similar overwhelming support in the Commons.

"The Attorney General has rightly clarified that the Scott Baker report is merely the beginning of a debate on which Parliament must now decide."

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A report on Britain's extradition treaty with the United States offers guidelines only about whether suspects such as Gary McKinnon could be tried in the UK, the Attorney General has told MPs. D...
A report on Britain's extradition treaty with the United States offers guidelines only about whether suspects such as Gary McKinnon could be tried in the UK, the Attorney General has told MPs. D...
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HUFFPOST SUPER USER
floodberg
Attorney (ret.)
05:07 PM on 11/19/2011
The UK government can't see the forest for the trees.

A man who is brilliant as McKinnon (and plainly not in it for money or to cause trouble) is a gift from the gods for his own country.  The US goes after hackers hard...but then cuts a deal to hire them, and 'boxes' them.  If the UK govt. can't see the advantage of McKinnon working for them, they're idiots.

During my lifetime in the US, I've met folks like McKinnon ~ engineers, scientists, ~ and what happens is classic American.  The individual is offered a special deal on the criminal charges (if it appears he won't reoffend) and is 'boxed':  offered a position (very well paid) to do what he loves to do (for the US govt.), with clear conditions and convenient 'perks' which make him very unlikely to cross the lines.  For example; an engineer who was given as 'perks' a cab allowance (couldn't focus on driving) and personal assistant (to manage his life) whose job enabled him to focus on his area...and he just knocked everyone's socks off.  A friend of mine (brilliant parents, he was a classic idiosavant/Asbergers) was arrested at 14 for computer crimes...he had no clue about the illegality (that was his blind side.)  His parents agreed to certain conditions, accelerated his education (got a triple science major, summa, from a top uni in the US, then his ph.d. at 19), and was given a teaching position at same (with the research projects he loved.) His perks included a PA, driver (seems to be an issue) and apartment.  I have family members who were 'boxed'...and have had brilliant careers and lives; they just had blind sides (the practical and legal limits) that were solved with PAs and perks.

The UK is so focused on their own greedy agenda and kissing up to the US that they can't see the ability to 'box' someone like McKinnon:  Security issues, support for MI5/6, not to mention private business?  Don't allow him internet access off the premises (easy if you give him a home, driver and PA), restrict his movements, let him do what he loves and I'll bet he doesn't reoffend.  Either do that, or he'll be working for the US govt. in a year...

This extradition is a gift of raw talent to the US.
06:14 AM on 11/16/2011
trial here?and they pay for his prison term?are we the worlds softest touch?i know he is british but american prisons seem pretty fair to me.we have so many foreigners in prison i suppose he would be a bit out of place but there again he has been out of place since birth,[according to his loving mother ] we ,re sending dewani to s,a why not him,again the cost to the british taxpayer should be considered,he did not consider it when and if he did what he did,so commit the crime ,do the time
09:10 PM on 11/15/2011
A British citizen who commits a crime on British soil should never ever be tried abroad, this would seem to me to send a message that our legal system is inferior. To commit a crime here and possibly be found guilty in an American court and given a sentence that would never have been dreamt of in a British court is ridiculous.Our courts alone should decide the guilt and the penalty for a crime committed on our soil.
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HUFFPOST BLOGGER
Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
06:12 PM on 11/15/2011
This is in my view a very smart move. Our extradition Treaty with the USA is loaded against British Subjects. Trial here is right.
HUFFPOST SUPER USER
dc2473
06:48 PM on 11/15/2011
Agree! ,extradition treaty should be totally equal ...and American time served seems, at times excessive ie

For having brutally killed his wife, Dudley Wayne Kyzer was sentenced to imprisonment for 10,000 years in 1981. This remains the longest sentence given in the US till date. For having killed his mother in law and a college student, he was also given life sentences for each of the crimes in addition to the 10,000 years. The judge justified his verdict in the name of the brutality of the murders