Within Campaigners
Should a British Hacker Have Been Tried at Home?
Supporters argued that conduct carried out from Britain should be judged in British courts whenever possible.
On this page
- What the forum argument meant
- Why supporters favored UK prosecution
- The wider legal debate
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Introduction
One of the most important questions in the Gary McKinnon campaign was not whether he had accessed United States military and NASA computer systems, but where he should face justice. Supporters argued that because McKinnon’s actions were carried out from his home in Britain, a British court was the proper place to determine guilt and punishment. Opponents countered that the alleged victims were American government agencies and that the United States therefore had a strong claim to prosecute. This dispute became known as the “forum” issue—meaning the question of which country’s courts were the appropriate forum for the case. It eventually grew beyond McKinnon himself and became a major debate about extradition law, sovereignty, and fairness in cross-border cybercrime cases. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
Should a British Hacker Have Been Tried at Home?
The forum argument centred on a simple proposition advanced by many campaigners: McKinnon was a British citizen, living in Britain, using a computer in Britain, and therefore should be prosecuted in Britain if prosecutors believed a crime had occurred. Supporters did not necessarily deny that the alleged conduct was serious. Rather, they questioned whether extradition should be the default response when the accused had never left the United Kingdom. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
This issue resonated because the case emerged during wider criticism of the UK–US extradition arrangements created under the Extradition Act 2003. Critics argued that British citizens could be sent abroad even when substantial parts of the alleged conduct had occurred on British soil. Parliamentary debates repeatedly cited McKinnon’s case as the clearest example of concerns about the absence of an effective mechanism for deciding whether prosecution should instead take place in the UK. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
What the forum argument meant
In extradition law, “forum” refers to the jurisdiction in which a case should be heard. For internet-related offences, the answer is often unclear because actions may be committed in one country while affecting systems in another.
McKinnon’s supporters argued that several factors pointed towards a British prosecution:
- The alleged conduct was carried out from the UK.
- McKinnon was a UK resident and citizen.
- British authorities had access to him and could prosecute him if they chose.
- A domestic trial would allow him access to family, legal representation, and medical support in familiar surroundings. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
American authorities, however, maintained that the affected systems belonged to US military and government agencies and that the consequences of the alleged intrusions were felt in the United States. From that perspective, a US prosecution was both lawful and appropriate. [Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionHe is alleged to have repeatedly hacked into US Government computer networks over a…Read more…
Why Supporters Favoured UK Prosecution
For campaigners, the forum issue became a practical fairness argument rather than a technical legal dispute. They contended that trying McKinnon in Britain would still allow accountability while avoiding the hardships associated with extradition to another continent.
Many supporters believed that the location of the alleged offender should carry significant weight when the offender had not physically entered the requesting state. MPs, civil-liberties advocates, and public supporters repeatedly argued that British courts were fully capable of handling the case if prosecutors considered the evidence strong enough. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
The argument also intersected with concerns about proportionality. Campaigners frequently contrasted the possibility of a British prosecution with fears of lengthy imprisonment and unfamiliar plea-bargaining practices in the United States. While courts ultimately rejected some of those legal objections during the extradition proceedings, the issue remained politically influential. [Wikipedia]WikipediaGary Mc KinnonGary Mc Kinnon
An important feature of the campaign was that support for a UK trial did not necessarily mean support for acquittal. Many backers argued that if McKinnon had committed offences, he should answer for them in a British court. Their position was often summarised as “trial in Britain, not immunity from prosecution.” [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
The Wider Legal Debate
The McKinnon case helped transform the forum question from a niche legal issue into a major public policy debate. Parliamentary discussions on extradition repeatedly referred to his situation as evidence that the law lacked a satisfactory mechanism for determining when domestic prosecution should take precedence over extradition. [UK Parliament]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
When Theresa May blocked McKinnon’s extradition in 2012, she did so on human-rights grounds related to his mental health rather than on forum grounds. However, the government simultaneously announced broader extradition reforms, including measures intended to give courts greater ability to consider whether the UK was the more appropriate place for a case to be heard. [GOV.UK]GOV.UKtheresa may statement on gary mckinnon extradition16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision…
These reforms became known as the “forum bar”. The idea was to allow judges, in certain circumstances, to prevent extradition when the interests of justice favoured prosecution in the United Kingdom. Legal commentators and later parliamentary reviews frequently linked the development of the forum bar to the political controversy generated by McKinnon’s case. [UK Human Rights Blog+2CrimeLine]ukhumanrightsblog.comUK Human Rights Blog The Forum Bar: it does existUK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — In October 2012, Theresa May, then Home Secretary, announced sig…
The significance of the issue extended beyond McKinnon himself. Later extradition disputes involving alleged computer hackers, including Lauri Love, were often discussed through the same lens: where should a person be tried when the accused is in Britain but the alleged victims are overseas? Courts, politicians, and campaigners continued to grapple with questions first brought into public view by the McKinnon controversy. [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…
Why the Forum Question Endured
The forum dispute endured because it touched on competing principles that were both difficult to dismiss. On one hand was the idea that countries harmed by cybercrime should be able to prosecute offenders who target their institutions. On the other was the argument that a citizen who acted entirely from within Britain should ordinarily be judged by British courts.
For supporters of Gary McKinnon, this question became the central constitutional issue of the campaign. It shifted public discussion away from UFO searches and hacking allegations and towards a broader debate about jurisdiction, extradition, and the limits of cross-border criminal justice. Even after the extradition battle ended, the argument over where he should have been tried continued to influence discussions of UK extradition policy and international cybercrime prosecutions. [UK Parliament+2UK Human Rights Blog]publications.parliament.ukUK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt…The lack of discretion to allow the UK to decline extradition when t…
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Endnotes
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Source: publications.parliament.uk
Link: https://publications.parliament.uk/pa/cm201011/cmhansrd/cm111205/debtext/111205-0003.htmSource snippet
UK ParliamentHouse of Commons Hansard Debates for 05 Dec 2011 (pt...The lack of discretion to allow the UK to decline extradition when t...
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Source: publications.parliament.uk
Title: UK Parliament The US-UK Extradition Treaty
Link: https://publications.parliament.uk/pa/cm201012/cmselect/cmhaff/644/64403.htmSource snippet
If British prosecutors decide not...Read more...
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Source: assets.publishing.service.gov.uk
Title: public views 2
Link: https://assets.publishing.service.gov.uk/media/5a74d979e5274a3cb2867add/public-views-2.pdfSource snippet
publishing.service.gov.ukextradition.review27 Jan 2011 — If the US Military systems left their cyber gates open, and Gary figuratively st...
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Source: GOV.UK
Title: theresa may statement on gary [mckinnon extradition]({{ ‘reform/’ | relative_url }})
Link: https://www.gov.uk/government/news/theresa-may-statement-on-gary-mckinnon-extraditionSource snippet
16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to such a high risk of him ending his life that a decision...
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Source: hansard.parliament.uk
Title: Hansard Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }}) (Extradition)
Link: https://hansard.parliament.uk/commons/2009-12-01/debates/09120144000002/GaryMckinnon%28Extradition%29Source snippet
He is alleged to have repeatedly hacked into US Government computer networks over a...Read more...
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Source: Wikipedia
Title: Gary Mc Kinnon
Link: https://en.wikipedia.org/wiki/Gary_McKinnon -
Source: hansard.parliament.uk
Title: Hansard Extradition
Link: https://hansard.parliament.uk/commons/2012-10-16/debates/12101642000005/ExtraditionSource snippet
UK Parliament16 Oct 2012 — I warmly congratulate the Home Secretary on her decision not to extradite Gary McKinnon and to intro...
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Source: wired.com
Link: https://www.wired.com/2016/09/u-k-judge-oks-extradition-u-s-alleged-hacker-lauri-loveSource snippet
Judge 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
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Source: wired.com
Link: https://www.wired.com/story/lauri-love-hacker-appeal-decision-extradition-court-ukSource snippet
Love, accused of hacking US government bodies and facing up to 99 years in prison and significant fines, suffers from Asperger's Syndrome...
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Source: assets.publishing.service.gov.uk
Link: https://assets.publishing.service.gov.uk/media/5a750181ed915d3c7d529a80/written-reps-17.pdfSource snippet
ReviewMr Blunkett suggested relying on new technology in very specific cases, such as Gary McKinnon's (response to question 27)...
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Source: publications.parliament.uk
Link: https://publications.parliament.uk/pa/ld201415/ldselect/ldextradition/126/12607.htmSource snippet
of Lords - Extradition: [UK law]({{ 'uk-law/' | relative_url }}) and practiceThe forum bar should not prevent extradition where a prosecution in the UK would not be possible...
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Source: hansard.parliament.uk
Title: uk U S-UK Extradition Treaty
Link: https://hansard.parliament.uk/commons/2009-07-15/debates/09071559000001/US-UKExtraditionTreatySource snippet
parliament.ukUS-UK Extradition Treaty - Hansard15 Jul 2009 — The Gary McKinnon case has been extensively publicised in recent days, but i...
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Source: hansard.parliament.uk
Title: uk Extradition
Link: https://hansard.parliament.uk/lords/2012-10-16/debates/12101643000907/ExtraditionSource snippet
UK Parliament16 Oct 2012 — Hansard record of the item: 'Extradition' on Tuesday 16 October 2012...
Published: October 2012
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Source: hansard.parliament.uk
Title: uk Extradition
Link: https://hansard.parliament.uk/commons/2011-11-24/debates/11112452000001/ExtraditionSource snippet
24 Nov 2011 —... Gary McKinnon as a political pawn in meetings with the United States. A forum bar would give courts the proper o...
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Source: GOV.UK
Title: gary mckinnon extradition case home secretarys statement
Link: https://www.gov.uk/government/speeches/gary-mckinnon-extradition-case-home-secretarys-statementSource snippet
McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise to suc...
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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/Source snippet
UK Human Rights BlogThe Forum Bar: it does exist - Bruno Min9 Feb 2018 — In October 2012, Theresa May, then Home Secretary, announced sig...
Published: October 2012
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Source: crimeline.co.uk
Link: https://crimeline.co.uk/knowledge-base/case-comment-good-news-for-the-future-of-the-forum-bar/Source snippet
Case comment: good news for the future of the “forum bar”?The then Home Secretary decided to block the extradition of Gary McKinnon to th...
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Source: theyworkforyou.com
Link: https://www.theyworkforyou.com/debates/?id=2009-07-15b.317.1Source snippet
US-UK Extradition Treaty: 15 Jul 200915 Jul 2009 — The Gary McKinnon case has been extensively publicised in recent days, but it cannot c...
Additional References
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Source: rgu-repository.worktribe.com
Title: It is a failure. It was unnecessary because extant law addressed, or could
Link: https://rgu-repository.worktribe.com/OutputFile/836055Source snippet
forum bar in UK extradition law: an unnecessary failure.by P ARNELL · 2020 · Cited by 7 — The introduction of the forum bar into UK extra...
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Source: youtube.com
Link: https://www.youtube.com/watch?v=5MEQVo8ENC8Source snippet
Theresa May blocks Gary McKinnon's extradition to USComputer hacker Gary McKinnon wins his 10-year fight against extradition today after...
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Source: spectator.com
Title: gary mckinnon case campaigners accuse theresa may of double standards
Link: https://spectator.com/article/gary-mckinnon-case-campaigners-accuse-theresa-may-of-double-standards/Source snippet
Theresa May has said she will introduce a forum bar which means that judges can block extradition in cases where the alleged offence is d...
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Source: beltramiandcompany.co.uk
Link: https://www.beltramiandcompany.co.uk/news/criminal-defence/calls-for-government-tor-amend-the-us-uk-extradition-treatySource snippet
Calls for Government to amend the US-UK Extradition TreatyThe House of Commons Home Affairs Committee has recommended that the Government...
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Source: theguardian.com
Link: https://www.theguardian.com/world/video/2012/oct/16/gary-mckinnon-extradition-theresa-may-videoSource snippet
Gary McKinnon extradition halted by Theresa May – videoThe home secretary, Theresa May, withdraws an extradition order to the United Stat...
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Source: hackcur.io
Link: https://hackcur.io/raising-the-bar-how-the-uk-extradition-laws-were-put-to-the-test/Source snippet
While the UK was capable of taking its own to court and had the criminal law to do so...Read more...
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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-imbalancedSource snippet
6kbw.com“This lopsided Treaty…” Is the US/UK Extradition...9 Apr 2020 — Second, as the decision of the Secretary of State in the Gary Mc...
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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-lawsSource snippet
House of Commons agrees motion to reform extradition laws6 Dec 2011 — Parliament has given time to debate the issue of Gary McKinnon and...
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Source: news.sky.com
Title: gary mckinnon hacker to learn extradition fate 10467088
Link: https://news.sky.com/story/gary-mckinnon-hacker-to-learn-extradition-fate-10467088Source snippet
McKinnon: Hacker To Learn Extradition Fate | UK News16 Oct 2012 — Computer hacker Gary McKinnon will find out later whether Home Secretar...
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Source: pinsentmasons.com
Title: british man faces extradition for us hacking trial
Link: https://www.pinsentmasons.com/out-law/news/british-man-faces-extradition-for-us-hacking-trialSource snippet
31 May 2005 — Arrested in November 2002 by officers from the National Hi-Tech Crime Unit, Gary McKinnon, 39, of north London faces extrad...
Published: May 2005
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