Within No UK Trial
Dropped Charges Did Not Mean Innocent
No UK prosecution meant the case failed a charging threshold, not that McKinnon was found innocent by a court.
On this page
- Charging decisions versus trial verdicts
- What the CPS decision did not prove
- How the UFO narrative blurred the distinction
Page outline Jump by section
Introduction
The decision not to prosecute Gary McKinnon in Britain after his extradition to the United States was blocked is often described in popular retellings as if it amounted to vindication. It did not. A prosecutor’s decision not to bring charges is fundamentally different from a court finding that a defendant is innocent. In McKinnon’s case, the Crown Prosecution Service (CPS) concluded that a British prosecution was unlikely to succeed and would face significant evidential and practical difficulties. That conclusion addressed the viability of a UK criminal case, not whether the underlying allegations were true or false. [The Guardian+2IT Pro]theguardian.comgary mckinnon no uk chargesThe GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer…
This distinction matters because the McKinnon story became closely intertwined with his claims that he had been searching for evidence of UFOs and suppressed space-related information. As the case entered public debate, some supporters interpreted the absence of a UK prosecution as proof that authorities had effectively conceded his innocence or accepted his account. The official decisions said no such thing. [Learning Disability Today]learningdisabilitytoday.co.ukhome secretary blocks gary mckinnons extradition to usLearning Disability TodayHome Secretary blocks Gary McKinnon's extradition to US19 Oct 2012 — Home Secretary Theresa May has blocked the…
Charging Decisions Versus Trial Verdicts
A criminal justice system contains several decision points, and they answer different questions.
A prosecutor deciding whether to charge asks whether there is sufficient admissible evidence and a realistic prospect of conviction. A court or jury, by contrast, determines guilt after hearing evidence and arguments from both sides. When prosecutors decline to proceed, the legal system never reaches the stage where innocence or guilt is adjudicated.
That distinction was explicit in the sequence of events surrounding McKinnon. In October 2012, Home Secretary Theresa May halted extradition because she concluded that sending him to the United States would create an unacceptably high risk of suicide and therefore violate his human rights. She simultaneously stated that the question of whether he should face proceedings in Britain would be for the Director of Public Prosecutions to consider. The decision blocked extradition; it did not resolve the allegations. [GOV.UK+2Parliament UK News]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…
When the CPS later decided against a UK prosecution, it was applying prosecutorial criteria rather than issuing a judgment on innocence. Contemporary reports noted that prosecutors and police considered the prospects of securing a conviction poor and concluded that no further action should be taken. [The Guardian+2Sky News]theguardian.comgary mckinnon no uk chargesThe GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer…
A useful comparison is the difference between a referee cancelling a match and a team winning it. The cancellation may occur for practical reasons, but it does not establish who would have prevailed had the contest actually taken place.
What the CPS Decision Did Not Prove
The December 2012 decision is often misunderstood because people naturally seek a definitive outcome. Yet the CPS decision left several questions unanswered.
It did not prove that McKinnon had never accessed American systems. Indeed, McKinnon had publicly acknowledged gaining unauthorised access to US government and military computers, although he disputed aspects of the allegations and described his motivation as a search for UFO-related information. The absence of a UK prosecution did not amount to an official endorsement of his version of events. [Learning Disability Today]learningdisabilitytoday.co.ukhome secretary blocks gary mckinnons extradition to usLearning Disability TodayHome Secretary blocks Gary McKinnon's extradition to US19 Oct 2012 — Home Secretary Theresa May has blocked the…
It did not prove that the US allegations were fabricated. British authorities had long recognised that much of the relevant evidence, the affected systems, and the principal witnesses were located in the United States. Earlier judicial discussions of the extradition case repeatedly stressed that the alleged damage, the information involved, and the witnesses able to explain that damage were American. [Hansard]hansard.parliament.ukHansard Home DepartmentHome Department - Hansard - UK Parliament14 Dec 2009 — The witnesses who can address the damage done by his offences are in Americ…
It did not establish that a jury would have acquitted him. Prosecutors concluded that a UK trial would be difficult to build and difficult to win. That is not the same as determining how a jury would have assessed the evidence had a complete case actually been presented. The Guardian+2Aamer Anwar & Co. [theguardian.com]theguardian.comgary mckinnon no uk chargesThe GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer…
Most importantly, it did not create a judicial finding on the factual claims that became famous in UFO circles. No British court evaluated whether McKinnon really discovered evidence of secret space programmes, non-human technology, or concealed UFO records. Those claims remained outside the scope of the CPS decision. [Learning Disability Today]learningdisabilitytoday.co.ukhome secretary blocks gary mckinnons extradition to usLearning Disability TodayHome Secretary blocks Gary McKinnon's extradition to US19 Oct 2012 — Home Secretary Theresa May has blocked the…
Why Prosecutors Could Decline Charges Without Clearing Him
The practical difficulties identified throughout the broader McKinnon litigation help explain why a no-charge decision could coexist with unresolved allegations.
British courts and parliamentary discussions repeatedly highlighted that the computers were in the United States, the information involved was American, and the witnesses needed to explain any damage were overwhelmingly American. A prosecution in Britain would therefore have required substantial international cooperation and the transfer of technical evidence into a form suitable for a UK criminal trial. [Hansard]hansard.parliament.ukHansard Home DepartmentHome Department - Hansard - UK Parliament14 Dec 2009 — The witnesses who can address the damage done by his offences are in Americ…
Reports surrounding the CPS decision also referred to concerns about obtaining witnesses and achieving a conviction that reflected the full seriousness of the allegations. In other words, prosecutors were evaluating whether a British case could realistically be proven, not whether the allegations had disappeared. [Aamer Anwar & Co.+2The Guardian]aameranwar.co.ukhacker gary mackinnons extradition to us stoppedAamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US…14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yesterday after being…
This is a common feature of criminal justice systems. Cases may be abandoned because witnesses are unavailable, evidence has become difficult to present, legal thresholds cannot be met, or the passage of time has weakened the prosecution. None of those outcomes automatically exonerates the suspect.
How the UFO Narrative Blurred the Distinction
The confusion became more pronounced because McKinnon was not known merely as a computer intrusion suspect. He became internationally famous as the “UFO hacker” who claimed he had accessed files suggesting the existence of unusual spacecraft and hidden space-related programmes. [Learning Disability Today]learningdisabilitytoday.co.ukhome secretary blocks gary mckinnons extradition to usLearning Disability TodayHome Secretary blocks Gary McKinnon's extradition to US19 Oct 2012 — Home Secretary Theresa May has blocked the…
Within UFO discussions, the story is sometimes compressed into a simple sequence: McKinnon searched for UFO evidence, authorities pursued him, extradition failed, and Britain ultimately brought no charges. When told in that abbreviated form, the final step can sound like official confirmation that his claims were correct.
The actual legal record is narrower. Theresa May’s intervention was based on human-rights concerns and suicide risk. The CPS review focused on whether a British prosecution could realistically succeed. Neither decision evaluated the truth of McKinnon’s UFO-related assertions. [GOV.UK+2WIRED]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, two separate questions became blurred together:
- Could Britain successfully prosecute McKinnon after extradition was blocked? [hansard.parliament.uk]hansard.parliament.ukuk Gary Mc Kinnon (ExtraditionMcKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences are in America…
- Were McKinnon’s UFO-related claims true?
The official decisions addressed the first question. They did not answer the second.
The Key Takeaway
The absence of UK charges against Gary McKinnon should be understood as a prosecutorial outcome rather than an exoneration. Extradition was halted because of human-rights concerns, and the subsequent CPS decision reflected doubts about the practicality and prospects of a British prosecution. Neither step produced a court ruling that McKinnon was innocent, nor did either constitute official validation of the UFO-related claims that made his case famous. [GOV.UK+2The Guardian]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 legal significance of the no-charge decision was therefore limited but important: it meant that British prosecutors did not believe a domestic case met the threshold for proceeding. It did not mean that the allegations had been judicially disproved or that McKinnon had been formally cleared by a court. [The Guardian+2IT Pro]theguardian.comgary mckinnon no uk chargesThe GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer…
Amazon book picks
Further Reading
Books and field guides related to Dropped Charges Did Not Mean Innocent. Use these as the next step if you want deeper reading beyond the article.
The Cuckoo's Egg
Rating: 4.5/5 from 8 Google Books ratings
Explains how international computer intrusions are investigated and prosecuted across borders.
The Suspicions of Mr. Whicher
Shows the difference between suspicion, evidence, and proof.
The Art of Invisibility
Appeals to readers interested in hacking culture surrounding the McKinnon story.
eBay marketplace picks
Marketplace Samples
Example marketplace items related to this page. Use the search link to explore similar finds on eBay.
Endnotes
-
Source: news.sky.com
Title: hacker gary mckinnon faces no further action 10460721
Link: https://news.sky.com/story/hacker-gary-mckinnon-faces-no-further-action-10460721Source snippet
Gary McKinnon Faces No Further ActionDec 14, 2012 — Computer hacker Gary McKinnon will face no further criminal action, the Director of P...
-
Source: GOV.UK
Title: gary [mckinnon extradition]({{ ‘reform/’ | relative_url }}) case home secretarys statement
Link: https://www.gov.uk/government/speeches/gary-mckinnon-extradition-case-home-secretarys-statementSource snippet
Gary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — I have concluded that Mr McKinnon's extradition would give rise t...
-
Source: parliament.uk
Link: https://www.parliament.uk/business/news/news-by-year/2012/october/statement-on-gary-mckinnon/Source snippet
NewsStatement on Gary McKinnonSecretary of State for the Home Department, Theresa May made a statement in the House of Commons on Tuesday...
-
Source: wired.com
Title: mckinnon extradition win
Link: https://www.wired.com/2012/10/mckinnon-extradition-win/Source snippet
extradition request on human rights grounds, since McKinnon, 46...
-
Source: hansard.parliament.uk
Title: Hansard Home Department
Link: https://hansard.parliament.uk/Commons/2009-12-14/debates/0912147000006/HomeDepartmentSource snippet
Home Department - Hansard - UK Parliament14 Dec 2009 — The witnesses who can address the damage done by his offences are in Americ...
-
Source: hansard.parliament.uk
Title: Hansard Commons Chamber
Link: https://hansard.parliament.uk/commons/2009-12-14/debates/c6c23183-113b-44af-8eba-97ca9ba6367f/CommonsChamberSource snippet
Commons Chamber - Hansard - UK Parliament14 Dec 2009 — The witnesses who can address the damage done by his offences are in Americ...
-
Source: hansard.parliament.uk
Title: uk Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }}) (Extradition)
Link: https://hansard.parliament.uk/commons/2009-12-01/debates/09120144000002/GaryMckinnon%28Extradition%29Source snippet
McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences are in America...
-
Source: publications.parliament.uk
Link: https://publications.parliament.uk/pa/cm200910/cmhansrd/cm091214/debtext/91214-0002.htmSource snippet
sensitivity were American; and any damage that was inflicted was in the USA...
-
Source: committees.parliament.uk
Link: https://committees.parliament.uk/writtenevidence/54838/html/Source snippet
parliament.ukEXL0080 - Evidence on Extradition LawAstoundingly, more than a decade after the U.S indictment; on the 14th December 2012 th...
Published: December 2012
-
Source: publications.parliament.uk
Title: mckinn 1
Link: https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/mckinn-1.htmSource snippet
It damaged...Read more...
-
Source: GOV.UK
Title: theresa may statement on gary mckinnon extradition
Link: https://www.gov.uk/government/news/theresa-may-statement-on-gary-mckinnon-extraditionSource snippet
May statement on Gary McKinnon extradition16 Oct 2012 — I have therefore withdrawn the extradition order against Mr McKinnon. It will now...
-
Source: theguardian.com
Title: gary mckinnon no uk charges
Link: https://www.theguardian.com/world/2012/dec/14/gary-mckinnon-no-uk-chargesSource snippet
The GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer...
-
Source: itpro.com
Title: cps confirms gary mckinnon will not face charges in the uk
Link: https://www.itpro.com/644716/cps-confirms-gary-mckinnon-will-not-face-charges-in-the-ukSource snippet
Dec 17, 2012 — The Crown Prosecution Service (CPS) has confirmed that computer hacker Gary McKinnon will not face charges in the UK, brin...
-
Source: learningdisabilitytoday.co.uk
Title: home secretary blocks gary mckinnons extradition to us
Link: https://www.learningdisabilitytoday.co.uk/news/home-secretary-blocks-gary-mckinnons-extradition-to-us/Source snippet
Learning Disability TodayHome Secretary blocks Gary McKinnon's extradition to US19 Oct 2012 — Home Secretary Theresa May has blocked the...
-
Source: aameranwar.co.uk
Title: hacker gary mackinnons extradition to us stopped
Link: https://aameranwar.co.uk/hacker-gary-mackinnons-extradition-to-us-stoppedSource snippet
Aamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US...14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yesterday after being...
-
Source: theguardian.com
Title: gary mckinnon theresa may claims
Link: https://www.theguardian.com/world/2012/oct/19/gary-mckinnon-theresa-may-claimsSource snippet
Theresa May accused of taking 'easy way out' over Gary...18 Oct 2012 — Theresa May told US authorities in July that there were no legal...
-
Source: theguardian.com
Title: gary mckinnon feels set free
Link: https://www.theguardian.com/world/2012/oct/17/gary-mckinnon-feels-set-freeSource snippet
Gary McKinnon feels 'set free' after US extradition decision17 Oct 2012 — The computer hacker whose extradition to the US was blocked by...
-
Source: theguardian.com
Title: gary mckinnon
Link: https://www.theguardian.com/world/gary-mckinnonSource snippet
December 2012. Gary McKinnon and his mother [Janis Sharp]({{ 'janis-sharp/' | relative_url }}). My first... Gary McKinnon will face no charges in UK. Dec 14 2012 11.03 EST. No...
Published: December 2012
-
Source: theguardian.com
Title: gary mckinnon timeline extradition
Link: https://www.theguardian.com/world/2012/oct/16/gary-mckinnon-timeline-extraditionSource snippet
Gary McKinnon timeline: events leading up to extradition...16 Oct 2012 — British computer hacker Gary McKinnon has been living under the...
-
Source: theguardian.com
Link: https://www.theguardian.com/law/2012/oct/16/gary-mckinnon-theresa-may-human-rightsSource snippet
Gary McKinnon: Theresa May had no choice but to use...16 Oct 2012 — Theresa May must have found it galling to use the despised Human Rig...
-
Source: theguardian.com
Title: gary mckinnon not extradited may
Link: https://www.theguardian.com/world/2012/oct/16/gary-mckinnon-not-extradited-maySource snippet
Gary McKinnon will not be extradited to US, Theresa May...16 Oct 2012 — The home secretary, Theresa May, defied the American authorities...
-
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 announces the withdrawal of an extradition order to the United...
-
Source: Wikipedia
Title: Gary Mc Kinnon
Link: https://en.wikipedia.org/wiki/Gary_McKinnonSource snippet
Gary McKinnonOn 16 October 2012, after a series of legal proceedings in Britain, then Home Secretary Theresa May blocked extradition t...
Published: October 2012
-
Source: itv.com
Title: gary mckinnon
Link: https://www.itv.com/news/story/2012-12-14/gary-mckinnonSource snippet
No charges against US hackerDec 14, 2012 — The Crown Prosecution Service have declared their decision not to prosecute Gary McKinnon in t...
Additional References
-
Source: vlex.co.uk
Link: https://vlex.co.uk/vid/mckinnon-v-united-states-793612009Source snippet
McKinnon v United States of AmericaMr McKinnon now [appeals]({{ 'appeals/' | relative_url }}) against those decisions. The USA has been designated a category 2 territory pu...
-
Source: ukhumanrightsblog.com
Title: gary mckinnon price charles letters and free speech the human rights roundup
Link: https://ukhumanrightsblog.com/2012/10/22/gary-mckinnon-price-charles-letters-and-free-speech-the-human-rights-roundup/Source snippet
Gary McKinnon, Prince Charles' letters and free speech22 Oct 2012 — As was widely reported last week, Gary McKinnon will not be extradite...
-
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...
-
Source: reddit.com
Link: https://www.reddit.com/r/UFOs/comments/1bmekj3/the_man_who_hacked_the_us_government_looking_for/Source snippet
The Man Who Hacked the U.S. Government (looking for...The search for proof of the existence of UFOs landed Gary McKinnon in a worl...
-
Source: spyblog.org.uk
Title: House of Commons Urgent Question debate on the Gary Mc Kinnon
Link: https://spyblog.org.uk/freegary/2009/12/house-of-commons-uregent-question-debate-on-gary-mckinnon-extradition-case.htmlSource snippet
US information; its confidentiality and sensitivity were American; and any damage that was inflicted was in the USA. The witnesses who ca...
-
Source: thetimes.com
Title: hacker gary mckinnon faces no uk criminal action gjnw293j207
Link: https://www.thetimes.com/world/us-world/article/hacker-gary-mckinnon-faces-no-uk-criminal-action-gjnw293j207Source snippet
Hacker Gary McKinnon faces no UK criminal actionDec 14, 2012 — The computer hacker Gary McKinnon will not stand trial in the UK, the Dire...
-
Source: iowastatedaily.com
Title: Prosecutors: Mc Kinnon to face no UK charges over U.S
Link: https://iowastatedaily.com/127886/news-world/prosecutors-mckinnon-to-face-no-uk-charges-over-u-s-hacking/Source snippet
LONDON — Computer hacker Gary McKinnon will face no charges in the United Kingdom over what the U.S. government says is the biggest milit...
-
Source: dcaf.ch
Link: https://www.dcaf.ch/sites/default/files/publications/documents/MIICA_book-FINAL.pdfSource snippet
allegedly damage international relations.54 without requiring full disclosure of...
-
Source: itnews.com.au
Title: gary mckinnon dealt new blow by cps 138354
Link: https://www.itnews.com.au/news/gary-mckinnon-dealt-new-blow-by-cps-138354Source snippet
Gary McKinnon dealt new blow by CPSFeb 27, 2009 — British hacker Gary McKinnon's hopes of being tried in the UK were dealt a massive blow...
-
Source: theregister.com
Link: https://www.theregister.com/security/2012/11/07/uk-prosecutors-cops-ponder-new-probe-into-nasa-hacker-mckinnon/1451558Source snippet
UK prosecutors, cops ponder new probe into NASA hacker...Nov 7, 2012 — May said UK prosecutors will review whether McKinnon, who lives i...
Topic Tree