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Tuesday 2 December 2008, 6:22 PM
Date set for McKinnon extradition judicial review
Gary McKinnon, the man accused of hacking Nasa and Pentagon computers, will have his oral judicial review hearing on 20 Jan, according to the Free Gary McKinnon website.
The judicial review will decide whether to overturn Jacqui Smith's decision that McKinnon be extradited to the US to face the hacking charges. McKinnon was recently diagnosed with Asperger's Syndrome, a condition on the autistic spectrum.
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Ah good so there is hope. Anyway come to think of it, why is the home secetary deciding on the fate of an individual? I didn't think that was the way things were supposed to work! Of course there's every chance the law has changed whilst we've been looking the other way.
Hi Roger,
As far as I understand it, the Home Secretary has the power to intervene in the appeals process. There are various criminal courts in the UK, staring with magistrates. Appeals are then directed to Crown Court, the Court of Appeal, the High Court, and finally the Law Lords, which is the highest UK court. However, as I understand it once an appeal has been turned down by the High Court, a defendent can appeal to the Home Secretary to halt legal proceedings.
There are higher courts -- the European Court of Human Rights can trump a decision by the Law Lords, for example.
Oh, and appeals can jump from the Crown Court to the High Court in certain circumstances. Clear as mud, eh?
Oh yes I get it now!!
The British justice system is a wonderful system, devised by some of the best lawyers in the land, brought in by Parliament (many members of which are lawyers) at the bidding of Government (many of whom are lawyers), adjudged in the Courts staffed by lawyers and designed to provide a very god income for lawyers.
It might be sensible to take the lawyers out of the system and just use plain good old common sense.
Gary McKinnon should not be subjected to this farce - and it is a farce - for a minor offence that deserves no more than a caution for a first time.
