Home secretary Theresa May overhauls extradition laws

The home secretary is to change the law to close the door on future campaigns by those facing extradition such as that waged on behalf of the computer hacker Gary McKinnon.

Theresa May has tabled government amendments this week to the crime and courts bill, which will transfer to the high court her current powers as home secretary to consider late representations on human rights grounds against being sent abroad to stand trial.

At the same time May has met the demands of extradition law reformers by tabling amendments to introduce a "forum bar", which will allow British courts to block an extradition request if they believe it is in the interests of justice for the defendant to stand trial in the UK.

May was widely praised for her decision not to send McKinnon, who has been diagnosed with Asperger's syndrome –, a form of autism, to stand trial in America for allegedly hacking into US military computer systems.

After a 10-year legal battle, the home secretary finally blocked his extradition last October, saying there was no doubt he was "seriously ill" and his extradition would "give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr McKinnon's human rights".

But the new provisions in the crime and courts bill will transfer to the courts her power to make such late decisions on human rights grounds at the end of the statutory extradition process.

A Home Office spokesman said the amendment would strike the right balance between ensuring human rights issues that deserved the court's attention were considered, and ensuring defendants were not able to abuse the system and delay extradition endlessly by raising last-minute specious human rights points.

It would also ensure human rights matters raised late in the day could be dealt with by the courts.

The move follows a recommendation by Sir Scott Baker QC, who said in his official review of the extradition laws: "We are doubtful whether parliament either expected or intended that cases such as McKinnon would go back to the secretary of state for further consideration on human rights grounds: the 2003 act was intended to limit the executive's role in extradition to the greatest possible extent and thus remove any perception that decisions are taken for political reasons or influenced by political considerations."

May said the proposals for a forum bar had been redrawn to meet concerns raised by Baker that its introduction could lead to cases being further delayed, but it would still provide an effective safeguard for those being sent abroad to stand trial.

"It is in the overwhelming public interest that our extradition arrangements function properly. The introduction of the forum bar will make the process more open and transparent and provide greater safeguards for individuals," she said.

"If the public and parliament are to have confidence in our extradition arrangements, it is vital that decisions are not only fair, but are seen to be fair. Decisions must be made in open court where they can be challenged and explained. 

"I believe that this is a real opportunity for us to change the terms of the debate about extradition in this country and will demonstrate that our arrangements, particularly those with the US, are fair and balanced."