Written question asked by Lord Maginnis of Drumglass (Ulster Unionist Party), in the House of Lords. It was answered by Baroness Browning (Conservative) on Thursday, 19 May 2011.

Extradition: Gary McKinnon

Question: To ask Her Majesty’s Government, further to the answer by Lord Wallace of Saltaire on 23 March (Official Report, col. 729–731), what consideration the Home Office has given to the 2009 statement by Lord Justice Burnton that "Gary (McKinnon) could be tried in either the UK or the US"; and whether the Home Secretary has considered and made a decision based on this opinion.

Answer: My right honourable friend the Home Secretary is not able to decide where a case which is the subject of an extradition request should or could be tried. Decisions on whether and where a prosecution should take place are a matter for the relevant independent prosecuting authority. In this case the Crown Prosecution Service has decided on several occasions that the case is more properly tried in the US. Mr McKinnon's challenge to this decision was dismissed by the High Court on 31 July 2009 as set out in the judgment of Lord Justice Stanley Burnton to which the noble Lord refers.

Secondary information

Type: Written question
Reference: 8939; 727 c358WA
Session: 2010-12
Related items: Extradition: Gary McKinnon
Wednesday, 23 March 2011
Oral questions
House of Lords
Subjects: Extradition Jurisdiction Prosecutions USA Hacking McKinnon, Gary
Link: View this Written question on www.publications.parliament.uk