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UK Extradition Arrangements

The fundamental question is the difference between reasonable suspicion and probable cause. As paper tests, I do not think there is an enormous amount of difference between them, but as Alun Jones QC, whose article in The Daily Telegraph I commend, has spelled out, the practical operation—the judicial scrutiny that is available in the US because of the US constitutional guarantees—is higher. That is the key difference. For all the talk of the evidential burden and the question of reciprocity, in my view, the critical issue in the US arrangements is forum. That is the label for how one decides where, in cross-border cases, the appropriate jurisdiction lies. The Gary McKinnon case is the leading case attracting great controversy at present. At root it is about the injustice in dispatching someone with Asperger's syndrome hundreds of miles from home on allegations of computer hacking when he was apparently searching for unidentified flying objects. Gary McKinnon should not be treated like some gangland mobster or al-Qaeda mastermind.