Within May Decision
Why UK charges still mattered
After extradition was withdrawn, the remaining question was whether McKinnon should face a domestic cybercrime case in Britain.
On this page
- May's referral to the Director of Public Prosecutions
- Why no further criminal action followed
- What the outcome meant for the hacking narrative
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Introduction
When Theresa May blocked Gary McKinnon’s extradition to the United States in October 2012, one major question remained unresolved: should he instead be prosecuted in the United Kingdom? The Home Secretary’s decision addressed only the human-rights consequences of extradition. It did not determine whether McKinnon had committed offences, whether the alleged intrusions were serious, or whether criminal proceedings should follow. For that reason, May referred the case to the Director of Public Prosecutions (DPP) for a fresh assessment of whether a domestic prosecution was possible and in the public interest. [GOV.UK]gov.ukGary Mc Kinnon extradition case: Home Secretary's statementGary McKinnon extradition case: Home Secretary's statementOctober 16, 2012 — 16 Oct 2012 — Statement made on 16 October 2012 by Home Secr…
The answer eventually reached by British prosecutors was significant. In December 2012, after reviewing the available evidence and practical obstacles, the Crown Prosecution Service (CPS) announced that no criminal charges would be brought in the UK. That outcome ended more than a decade of legal uncertainty, but it did not amount to a declaration that the hacking allegations were harmless or unfounded. Instead, it reflected a prosecutorial judgement about evidence, jurisdiction and the realistic prospects of securing a conviction. [Aamer Anwar & Co.]aameranwar.co.ukAamer Anwar & Co.HACK E R GARY MACKINNON'S EXTRADITION TO USAamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US…January 10, 2013 — 14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yes…
May’s referral to the Director of Public Prosecutions
In her statement to Parliament, Theresa May drew a clear distinction between the extradition issue and the question of criminal liability. She concluded that extradition would breach McKinnon’s human rights because of the exceptionally high risk of suicide, but she also stated that the DPP should consider whether a prosecution could be pursued in Britain. [GOV.UK]gov.ukGary Mc Kinnon extradition case: Home Secretary's statementGary McKinnon extradition case: Home Secretary's statementOctober 16, 2012 — 16 Oct 2012 — Statement made on 16 October 2012 by Home Secr…
This referral was important because many of the alleged acts had been carried out from London, even though the targeted computer systems were located in the United States. The case therefore raised a longstanding issue in cybercrime law: where should a defendant be tried when the conduct occurs in one country but the affected systems and alleged harm are in another? Earlier decisions by prosecutors and courts had favoured the United States as the appropriate venue because the computers, victims, evidence of damage and many witnesses were American. [Hansard]hansard.parliament.ukGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Americans will decide, but the decision of the public prosec…
Supporters of McKinnon argued that a British prosecution should always have been considered because he was a UK citizen, had been interviewed by British police, and had made admissions about accessing US systems. Critics of extradition frequently pointed to the fact that no domestic charges had been brought during the years when the extradition battle was unfolding. [ABC News]abc.net.auABC News UK blocks hacker's extradition to USBritain's Home Secretary has blocked…
Why no further criminal action followed
After reviewing the case, DPP Keir Starmer announced in December 2012 that McKinnon would face no criminal prosecution in the United Kingdom. The CPS concluded that the evidential and practical difficulties were substantial enough that proceedings should not continue. Sky News+2Aamer Anwar & Co. [news.sky.com]news.sky.comhacker gary mckinnon faces no further action 10460721Sky NewsHacker Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the…
Several factors influenced that assessment:
- Location of evidence and witnesses. Much of the evidence relating to the alleged impact of the intrusions was held in the United States. Witnesses capable of explaining network disruption, damage claims and security consequences were largely American. Earlier court proceedings had repeatedly noted this reality. [Hansard]hansard.parliament.ukGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Americans will decide, but the decision of the public prosec…
- Prospects of conviction. Prosecutors concluded that proving the necessary elements of UK offences would be difficult on the available evidence. Reports at the time indicated concerns about the likelihood of securing a conviction. [Aamer Anwar & Co.]aameranwar.co.ukAamer Anwar & Co.HACK E R GARY MACKINNON'S EXTRADITION TO USAamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US…January 10, 2013 — 14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yes…
- Passage of time. By late 2012, the alleged conduct was more than a decade old. Any prosecution would have required assembling complex technical evidence from events that occurred in 2001 and 2002. [Sky News]news.sky.comhacker gary mckinnon faces no further action 10460721Sky NewsHacker Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the…
The CPS decision therefore rested on conventional prosecutorial considerations rather than on a finding that McKinnon had done nothing wrong. Prosecutors were assessing whether a British criminal case could realistically succeed, not revisiting the Home Secretary’s human-rights ruling. [Sky News]news.sky.comhacker gary mckinnon faces no further action 10460721Sky NewsHacker Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the…
What the outcome meant for the hacking narrative
The absence of a UK prosecution had a complicated effect on public perceptions of the case.
For some supporters, the decision appeared to vindicate long-standing arguments that the response to McKinnon’s actions had been disproportionate. After more than ten years of litigation, the case ended without a trial in either country. To many campaigners, that reinforced the view that the legal process itself had become the central issue. [Aamer Anwar & Co.]aameranwar.co.ukAamer Anwar & Co.HACK E R GARY MACKINNON'S EXTRADITION TO USAamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US…January 10, 2013 — 14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yes…
However, the decision did not amount to an acquittal. No court ruled that the alleged intrusions were insignificant, and prosecutors did not declare that the allegations lacked merit. The United States continued to regard the conduct as serious computer crime, while the British decision focused on whether a domestic prosecution was feasible and justified after years of legal proceedings. [The Guardian]theguardian.comgary mckinnon feels set freeThe GuardianGary McKinnon feels 'set free' after US extradition decision17 Oct 2012 — The computer hacker whose extradition to the US was…
This distinction is particularly important in discussions of McKinnon’s reputation as a “UFO hacker”. His claim that he accessed systems while searching for evidence relating to UFOs and hidden technologies remained part of the public story, but the final UK prosecutorial decision was not a judgement on those claims. The CPS was evaluating legal and evidential questions, not the truth of McKinnon’s beliefs or motivations. [The Guardian]theguardian.comgary mckinnon feels set freeThe GuardianGary McKinnon feels 'set free' after US extradition decision17 Oct 2012 — The computer hacker whose extradition to the US was…
Why the episode still matters
The decision not to prosecute closed the last major legal chapter in the McKinnon affair. Yet it also highlighted a recurring challenge in cross-border cybercrime cases: a person may avoid extradition without being cleared of allegations, while prosecutors must separately decide whether a domestic trial is workable.
In practical terms, the outcome left McKinnon neither extradited nor convicted. The extradition battle ended because of human-rights concerns, while the prospect of UK charges ended because prosecutors concluded that a British case was not viable. Together, those decisions shaped the final outcome of one of the most prominent hacking and extradition disputes of the early internet era. [GOV.UK+2Sky News]gov.ukGary Mc Kinnon extradition case: Home Secretary's statementGary McKinnon extradition case: Home Secretary's statementOctober 16, 2012 — 16 Oct 2012 — Statement made on 16 October 2012 by Home Secr…
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Endnotes
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Source: GOV.UK
Title: Gary [Mc Kinnon]({{ ‘mc-kinnon/’ | relative_url }}) extradition case: Home Secretary’s statement
Link: https://www.gov.uk/government/speeches/gary-[mckinnon-extraditionSource snippet
Gary McKinnon extradition case: Home Secretary's statementOctober 16, 2012 — 16 Oct 2012 — Statement made on 16 October 2012 by Home Secr...
Published: October 16, 2012
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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
Sky NewsHacker Gary McKinnon Faces No Further Action14 Dec 2012 — Computer hacker Gary McKinnon will face no further criminal action, the...
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Source: hansard.parliament.uk
Link: https://hansard.parliament.uk/commons/2009-12-01/debates/09120144000002/GaryMckinnon%28Extradition%29Source snippet
Gary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The Americans will decide, but the decision of the public prosec...
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Source: assets.publishing.service.gov.uk
Title: public views 3
Link: https://assets.publishing.service.gov.uk/media/5a7af96ae5274a319e77c120/public-views-3.pdfSource snippet
Views27 Jan 2011 — A certain Gary McKinnon should not be extradited. He has committed no crime. He has caused no harm or loss to anybody...
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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: aameranwar.co.uk
Title: Aamer Anwar & Co.HACK E R GARY MACKINNON’S EXTRADITION TO US
Link: https://aameranwar.co.uk/hacker-gary-mackinnons-extradition-to-us-stoppedSource snippet
Aamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US...January 10, 2013 — 14 Dec 2012 — A RELIEVED Gary McKinnon wept with joy yes...
Published: January 10, 2013
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Source: abc.net.au
Title: ABC News UK blocks hacker’s extradition to US
Link: https://www.abc.net.au/worldtoday/archive/articles/2012/10/17/s3612398.htmSource snippet
Britain's Home Secretary has blocked...
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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
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Source: theguardian.com
Title: gary mckinnon feels set free
Link: https://www.theguardian.com/world/2012/oct/17/gary-mckinnon-feels-set-freeSource snippet
The GuardianGary McKinnon feels 'set free' after US extradition decision17 Oct 2012 — The computer hacker whose extradition to the US was...
Additional References
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Source: youtube.com
Link: https://www.youtube.com/watch?v=viLcoe_xPMUSource snippet
Gary McKinnon will not face prosecution in the UKGary McKinnon and his family have fought to protect him from extradition to America over...
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Source: scispace.com
Title: the legal geographies of transnational cyber prosecutions 4qokfr9ws6
Link: https://scispace.com/pdf/the-legal-geographies-of-transnational-cyber-prosecutions-4qokfr9ws6.pdfSource snippet
The legal geographies of transnational cyber-prosecutions“Gary McKinnon Extradition Case: Home Secretary's Statement.” Gov.uk. (2012). Ac...
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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 action14 Dec 2012 — The computer hacker Gary McKinnon will not stand trial in the UK, the Direc...
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Source: journals.law.unc.edu
Title: u k ends 10 year extradition battle of hacker gary mckinnon
Link: https://journals.law.unc.edu/ncjolt/blogs/u-k-ends-10-year-extradition-battle-of-hacker-gary-mckinnon/Source snippet
Ends 10 Year Extradition Battle of Hacker Gary McKinnon17 Oct 2012 — U.K. Home Secretary Theresa May announced on Tuesday that British ha...
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Source: theweek.com
Title: mckinnon extradition blocked may invokes human rights
Link: https://theweek.com/politics/49577/mckinnon-extradition-blocked-may-invokes-human-rightsSource snippet
The Home Secretary accepted the advice of psychiatrists.Read more...
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Source: rgu-repository.worktribe.com
Title: Output File
Link: https://rgu-repository.worktribe.com/OutputFile/836055Source snippet
The [forum bar]({{ 'forum-bar/' | relative_url }}) in UK extradition law: an unnecessary failure.by P ARNELL · 2020 · Cited by 7 — His hacking activities took place in 2001 a...
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Source: belfasttelegraph.co.uk
Link: https://www.belfasttelegraph.co.uk/news/mckinnons-tears-as-case-dropped/a/118564185.htmlSource snippet
McKinnon's tears as case dropped14 Dec 2012 — Computer hacker Gary McKinnon wept tears of relief after it was decided he would face no cr...
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Source: youtube.com
Title: UK hacker’s extradition to US blocked
Link: https://www.youtube.com/watch?v=v4Js8DF80HYSource snippet
Theresa May blocks Gary McKinnon's extradition to US...
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Source: youtube.com
Title: Oliver Eagleton: Starmer to the RIGHT OF TORIES on Civil Liberties
Link: https://www.youtube.com/watch?v=qsoPjsEsWiwSource snippet
The Man Who Hacked the U.S. Government...
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Source: youtube.com
Title: Gary Mc Kinnon: No hacking charges in UK
Link: https://www.youtube.com/watch?v=xAhzZRa2awsSource snippet
UK hacker's extradition to US blocked...
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