I was planning on making a quick comment on the Gary McKinnon case but the Techdirt article linked is one of the few I’ve seen actually making most of the valid points about this whole mess so deserved a special mention.
The question here is not whether McKinnon is criminally culpable for his actions (that can be established later), but whether it’s right to send him to a country he’s never been to stand trial when he already falls within the jurisdiction of UK courts and is obviously suffering health issues. I made a more flippant point previously on the questions of jurisdiction in these types of cases and, assuming the act is a crime in the place where a person is physically located it’s best left to be handled in that country. To do otherwise means we can end in a situation where a crime can be simultaneously committed in multiple territories (think of accessing data from cloud based services), or for someone to not know where they have committed a crime, or even if their actions are illegal in that location. That’s no way for the law to work. Extradition is a perfectly valid process in cases where a person has left the prosecuting jurisdiction and certainly has a place in the world; just not here.
I hope that, whatever the truth here, justice prevails and I believe that this is a good step towards making that happen. It also seems that we have a chance of doing something about the one-side extradition process we have with the USA.
As an aside I was forced to draw parallels with recent extradition cases (Abu Hamza et al) and reconcile differing views. I think there are some valid points in discussion but ultimately we look at questions of citizenship and the nation’s duty of care to those people; more importantly in those cases it is a fact that no trial could ever happen here in the UK; extradition was required for any real criminal proceedings.