The reform shaped by Mc Kinnon's case

Introduction

The campaign to stop Gary McKinnon’s extradition did more than influence one high-profile hacking case. It became a catalyst for a long-running debate about where criminal cases should be tried when conduct, evidence and defendants are closely connected to the United Kingdom but another country—especially the United States—also claims jurisdiction. Out of that debate emerged the modern UK “forum bar”, a legal mechanism allowing courts to refuse extradition when justice is better served by a domestic prosecution. The reform was closely associated with the political fallout from the McKinnon case and was introduced shortly after Theresa May blocked his extradition in 2012.[GOV.UK]GOV.UKgary mckinnon extradition case home secretarys statementGary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise t…

The change did not prevent extradition automatically. Instead, it shifted an important part of the decision-making process from political controversy toward judicial assessment of where a case ought to be heard. For future hacking and cybercrime cases, that represented a significant change in the balance between UK and foreign prosecutorial interests.[UK Human Rights Blog]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — These changes included a new 'forum bar' to extradition, which g…

Why forum became a public demand

For years, critics of UK extradition arrangements argued that British citizens could be sent abroad even when much of the alleged conduct occurred in Britain. The concern was not limited to McKinnon, but his case became the most recognisable example because he lived in London, carried out the alleged computer intrusions from the UK, and yet faced prosecution in the United States. His supporters asked why a British defendant whose actions originated in Britain could not be tried in a British court.[UK Parliament]publications.parliament.ukUK Parliament The US-UK Extradition TreatyThe Committee has…Read more…

The concept at the centre of the debate was “forum”: the most appropriate jurisdiction for a criminal trial. Critics argued that extradition law gave insufficient weight to the location of the defendant, evidence, witnesses and alleged conduct. Parliamentary discussions and reform campaigns repeatedly pointed to McKinnon’s case as evidence that courts needed a clearer power to ask whether a UK-linked case should remain in the UK.[Electronic Immigration Network]ein.org.ukhouse commons votes through motion reform extradition lawsElectronic Immigration NetworkHouse of Commons agrees motion to reform extradition laws6 Dec 2011 — The lack of discretion to allow the U…

The issue gained additional momentum because the argument was broader than sympathy for one individual. Campaigners contended that even where extradition was legally available, there should be a safeguard against sending a person overseas when a realistic domestic prosecution could achieve justice. That concern became politically significant enough that reform of extradition law remained on the agenda even after reviews rejected claims that the UK–US treaty itself was fundamentally imbalanced.[Corker Binning]corkerbinning.comscott bakers extradition review no whitewashCorker BinningScott Baker's extradition review – no whitewash | Insights19 Oct 2011 — The evidence cited at page 472 of the report sugges…

How the 2013 reform shifted decisions toward courts

When Theresa May announced her decision to halt McKinnon’s extradition in October 2012, she also outlined broader extradition reforms. Among them was the introduction of a strengthened forum bar, designed to allow courts to consider whether prosecution should occur in the United Kingdom rather than abroad.[WilmerHale]wilmerhale.comlauri love the forum bar shows its mettleLauri Love: The Forum Bar Shows its Mettle16 Mar 2018 — May concluded that the extradition of McKinnon, who suffered from Asper…

The reform was enacted through the Crime and Courts Act 2013, which inserted a new forum-bar provision into the Extradition Act 2003. Under this framework, judges can stop extradition if a substantial part of the relevant activity occurred in the UK and if, considering the interests of justice, the case is more appropriately dealt with domestically.[UK Human Rights Blog]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — These changes included a new 'forum bar' to extradition, which g…

The change was important for two reasons.

First, it judicialised the question of forum. Rather than leaving concerns about the proper venue solely to prosecutors or ministers, courts were given a statutory role in evaluating where a trial should take place.[UK Human Rights Blog]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — These changes included a new 'forum bar' to extradition, which g…

Second, it focused on practical justice rather than nationality. The forum bar does not simply protect British citizens. Instead, courts examine factors such as:

• Where most of the alleged conduct occurred.
• Where the evidence and witnesses are located.
• The interests of victims.
• Whether a domestic prosecution is realistically available.
• The overall interests of justice.[UK Human Rights Blog]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — These changes included a new 'forum bar' to extradition, which g…

The reform therefore addressed a specific criticism highlighted by McKinnon’s supporters: that extradition law needed a mechanism for asking whether a UK-centred case should remain before UK courts.[Practical Law]uk.practicallaw.thomsonreuters.comPractical LawExtradition and prosecution: raising the forum bar?Following the Gary McKinnon extradition case, the Home Secretary said tha…

What the change meant for future hacking cases

For several years after its introduction, some observers questioned whether the forum bar would have any practical effect. Early commentary suggested that courts might rarely use it and that prosecutors would continue to dominate decisions about venue.[Sage Journals]journals.sagepub.comSage JournalsThe Forum Bar in UK Extradition Law: An Unnecessary…30 Jan 2020 — The introduction of the forum bar into UK extradition l…

The provision eventually gained prominence through later cybercrime and hacking cases, most notably that of British activist and alleged hacker Lauri Love. His extradition proceedings became one of the first major tests of the reformed system. Courts were required to examine whether alleged offences with substantial UK connections should be tried domestically rather than in the United States.[WIRED]wired.comJudge OKs Extradition to the U.S. for Hacktivist Lauri LoveSeptember 16, 2016 — British activist and alleged hacker Lauri Love will be ex…Published: September 16, 2016

The Love litigation demonstrated that the forum bar was more than a symbolic response to McKinnon. It established that courts were prepared to engage seriously with questions about territorial connection, prosecutorial alternatives and the interests of justice. Subsequent legal commentary has identified Love as a leading authority in the development of forum-bar jurisprudence.[CrimeLine]crimeline.co.ukCase comment: good news for the future of the “forum bar”?The then Home Secretary decided to block the extradition of Gary McKin…

The practical effect for future hacking cases was clear: prosecutors requesting extradition could no longer assume that international cyber offences would automatically be tried in the jurisdiction seeking extradition. Defence teams gained a statutory route to argue that a defendant whose conduct was centred in the UK should face proceedings at home if that better served justice.[UK Human Rights Blog]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — These changes included a new 'forum bar' to extradition, which g…

A reform that outlasted the McKinnon controversy

The significance of the forum bar lies in the fact that it addressed a concern exposed by the McKinnon battle without depending on the exceptional medical and human-rights circumstances that ultimately stopped his extradition. Theresa May’s 2012 intervention was based on suicide risk and vulnerability, but the subsequent reform tackled a different question: where a cross-border criminal case ought to be heard.[GOV.UK]GOV.UKgary mckinnon extradition case home secretarys statementGary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise t…

As a result, the legacy of the McKinnon affair extends beyond the fate of one UFO-seeking hacker. The controversy helped reshape UK extradition law by creating a mechanism through which courts can ask whether a strongly UK-connected case should be prosecuted domestically rather than overseas. In later cybercrime disputes, that question became a routine legal issue rather than merely a political campaign slogan.[crimeline.co.uk]crimeline.co.ukCase comment: good news for the future of the “forum bar”?The then Home Secretary decided to block the extradition of Gary McKin…

Amazon book picks

Further Reading

Books and field guides related to The reform shaped by McKinnon's case. Use these as the next step if you want deeper reading beyond the article.

Book

The Rule of Law

By Tom Bingham

Addresses jurisdiction, fairness and the operation of justice systems.

See on Amazon

Book

The Secret Barrister

By The Secret Barrister

Explains practical realities of criminal justice systems.

See on Amazon

Book

Cyber War

By Richard A. Clarke, Robert Knake

Relevant to cross-border cybercrime and state responses.

See on Amazon

Book

Future Crimes

By Marc Goodman

Shows why cyber offences often create jurisdictional disputes.

See on Amazon

Browse more on Amazon: The Rule of Law The Secret Barrister Cyber War

As an Amazon Associate I earn from qualifying purchases.

eBay marketplace picks

Marketplace Samples

Live-tested eBay searches with available results related to this page.

Shop location

UsingUSA USA USAUKCanadaAustraliaIreland

Example eBay listing

I Want To Believe UFO Poster Print The X-Files Television TV A5 A4 A3 Art Print

SearcheBay.co.uk: UFO poster

Browse similar oneBay.co.uk

Example eBay listing

Conspiracy Theory Poster Wall Print Gift UFO Aliens Flat Earth Moon Landing

SearcheBay.co.uk: UFO poster

Browse similar oneBay.co.uk

Example eBay listing

VINTAGE UFO FLYING SAUCERS COMIC ADVERTISING A2 POSTER PRINT

SearcheBay.co.uk: UFO poster

Browse similar oneBay.co.uk

Example eBay listing

VINTAGE UFO ABDUCTION ILLUSTRATION FRAMED WALL ART PICTURE POSTER PRINT

SearcheBay.co.uk: UFO poster

Browse similar oneBay.co.uk

Browse more oneBay.co.uk

Example items shown for inspiration; availability and pricing can change. Branchoria may earn a commission if you purchase through outbound eBay links.

Endnotes

1. Source: GOV.UK
Title: gary mckinnon extradition case home secretarys statement
Link:https://www.gov.uk/government/speeches/gary-mckinnon-extradition-case-home-secretarys-statement

2. Source: wilmerhale.com
Title: lauri love the forum bar shows its mettle
Link:https://www.wilmerhale.com/en/insights/blogs/wilmerhale-w-i-r-e-uk/lauri-love-the-forum-bar-shows-its-mettle

3. Source: publications.parliament.uk
Title: UK Parliament The US-UK Extradition Treaty
Link:https://publications.parliament.uk/pa/cm201012/cmselect/cmhaff/644/64403.htm

4. Source: committees.parliament.uk
Link:https://committees.parliament.uk/writtenevidence/52660/html/

5. Source: wired.com
Link:https://www.wired.com/2016/09/u-k-judge-oks-extradition-u-s-alleged-hacker-lauri-love

Published: September 16, 2016

6. Source: wired.com
Link:https://www.wired.com/story/lauri-love-hacker-appeal-decision-extradition-court-uk

7. Source: forum.nl
Link:https://forum.nl/

8. Source: GOV.UK
Title: latest on gary mckinnon case
Link:https://www.gov.uk/government/news/latest-on-gary-mckinnon-case

9. Source: assets.publishing.service.gov.uk
Title: public views 1
Link:https://assets.publishing.service.gov.uk/media/5a7ad6b1e5274a34770e776b/public-views-1.pdf

10. Source: assets.publishing.service.gov.uk
Title: public views 2
Link:https://assets.publishing.service.gov.uk/media/5a74d979e5274a3cb2867add/public-views-2.pdf

11. Source: committees.parliament.uk
Link:https://committees.parliament.uk/writtenevidence/53322/pdf/

12. Source: ukhumanrightsblog.com
Title: UK Human Rights Blog The Forum Bar: it does exist
Link:https://ukhumanrightsblog.com/2018/02/09/the-forum-bar-it-does-exist-bruno-min/

13. Source: uk.practicallaw.thomsonreuters.com
Link:https://uk.practicallaw.thomsonreuters.com/3-524-3488?contextData=%28sc.Default%29&transitionType=Default

14. Source: ein.org.uk
Title: house commons votes through motion reform extradition laws
Link:https://www.ein.org.uk/news/house-commons-votes-through-motion-reform-extradition-laws

15. Source: corkerbinning.com
Title: scott bakers extradition review no whitewash
Link:https://corkerbinning.com/scott-bakers-extradition-review-no-whitewash/

16. Source: crimeline.co.uk
Link:https://crimeline.co.uk/knowledge-base/case-comment-good-news-for-the-future-of-the-forum-bar/

17. Source: journals.sagepub.com
Link:https://journals.sagepub.com/doi/10.1177/0022018320902544

18. Source: corkerbinning.com
Title: Corker Binning Will Love change everything?
Link:https://corkerbinning.com/will-love-change-everything-extradition-and-the-forum-bar/

19. Source: kingsleynapley.co.uk
Title: Kingsley Napley Still a ‘Special Relationship’?
Link:https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/still-a-special-relationship-the-forum-bar-and-the-development-of-the-extradition-relationship-between-the-uk-and-the-usa-a-two-part-blog-series

20. Source: wur.nl
Link:https://www.wur.nl/nl/locatie/forum-gebouw-102

Additional References

21. Source: counselmagazine.co.uk
Link:https://www.counselmagazine.co.uk/articles/extradition-reform-sight

22. Source: visitgroningen.nl
Link:https://www.visitgroningen.nl/nl/plekken/stad/forum-groningen

23. Source: worldforum.nl
Link:https://worldforum.nl/

24. Source: blog.6kbw.com
Title: this lopsided treaty is the us uk extradition treaty imbalanced
Link:https://blog.6kbw.com/posts/this-lopsided-treaty-is-the-us-uk-extradition-treaty-imbalanced

25. Source: rgu-repository.worktribe.com
Link:https://rgu-repository.worktribe.com/OutputFile/836055

26. Source: instagram.com
Link:https://www.instagram.com/forumgroningen/

27. Source: filmladder.nl
Link:https://www.filmladder.nl/bioscoop/forum-groningen-groningen

28. Source: libertyhumanrights.org.uk
Link:https://www.libertyhumanrights.org.uk/wp-content/uploads/2020/04/Libertys-Report-on-Home-Secretary-Discretion-and-the-Forum-Bar-in-Extradition-2013.pdf

29. Source: cineville.nl
Title: forum groningen
Link:https://cineville.nl/nl-NL/theaters/forum-groningen

30. Source: facebook.com
Link:https://www.facebook.com/forumgroningen/