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Latest on Gary McKinnon case

Find out the latest position on the Glasgow-born systems administrator's extradition case.

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Theresa May has said she will look afresh at the issues raised by the extradition case of Gary McKinnon.

The Home Secretary aims to reach a decision as soon as possible but needs enough time to ensure that all matters raised are considered fairly and properly.

Facts of the case

Mr McKinnon is accused by US authorities of the unauthorised access of 97 government computers concerned with national defence and security, and naval munitions supply.

It is alleged that in 2001 and 2002, the Glasgow-born systems administrator deleted critical data, causing the US Army’s Military District of Washington network of more than 2,000 computers to shut down.

The US also allege that their Army and Naval Weapons Station computer system was rendered inoperable at a critical time following the 9/11 attacks. 

Following Mr McKinnon’s arrest and bail in 2005, a series of legal hearings have taken place:

July 2008 -  House of Lords dismisses Mr McKinnon’s appeal, ending a series of proceedings under the Extradition Act 2003

September 2008 - Mr McKinnon’s lawyers approach the European Court of Human Rights which briefly imposes, but then lifts a bar on his extradition to the US

September 2008 - further representations made by Mr McKinnon’s lawyers, including the fact that their client had been recently diagnosed as suffering from Asperger’s Syndrome
November 2008 - the then Home Secretary decides that extradition would not breach Mr McKinnon’s human rights. This meant there was a duty to uphold the order for surrender to the US

July 2009 -  High Court dismisses Mr McKinnon’s judicial challenge to that decision

October 2009 -  Supreme Court refuses further leave to appeal

November 2009 - the then Home Secretary decides that extradition would not breach Mr McKinnon’s human rights. A judicial review of that decision was due to have been heard by the High Court in May 2010. Those proceedings have been adjourned to allow the new Home Secretary time to consider the issues raised by the case

All rights under the Extradition Act 2003 have been exhausted. The current considerations are taking place under the Human Rights Act 1998.

Published 4 November 2010