Within No UK Trial
US Witness Barriers
A central reason Britain was viewed as a weaker forum for prosecuting Gary McKinnon was that the people who could explain the alleged consequences of the intrusions were overwhelmingly based in the United States.
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Who Would Have Needed to Testify
The alleged intrusions involved computer systems belonging to the US Army, Navy, Air Force, Department of Defense and NASA. According to the American indictment, investigators believed McKinnon had accessed numerous government systems and caused significant disruption. Those allegations concerned networks physically located in the United States and operated by American agencies.[Department of Justice]justice.govDepartment of JusticeLondon, England Hacker Indicted Under Computer Fraud…Gary McKinnon accessed and damaged without authorization 92…
A full criminal trial would therefore have required testimony from several categories of US witnesses:
- System administrators who discovered the intrusions.
- Network security specialists who investigated what occurred.
- Agency officials who could explain the importance and sensitivity of the affected systems.
- Personnel responsible for restoring systems and calculating recovery costs.
- Investigators who gathered and preserved technical evidence from the compromised networks.[Department of Justice]justice.govDepartment of JusticeLondon, England Hacker Indicted Under Computer Fraud…Gary McKinnon accessed and damaged without authorization 92…
These were not peripheral witnesses. They were the individuals capable of explaining whether files had been deleted, whether operations had been disrupted, how security had been affected and what remedial work was required. Without them, much of the prosecution narrative would have rested on assertions rather than detailed courtroom evidence.[Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
Why Damage Needed Expert Explanation
One common misconception is that McKinnon’s public admissions would have made a UK prosecution straightforward. Admissions of unauthorised access might assist in proving some conduct, but they would not automatically prove the scale of harm alleged by US authorities.
The American case involved claims of network disruption, deleted files, system outages and substantial recovery costs. Such allegations require technical explanation. Jurors would need to understand exactly what happened, how investigators determined the cause, whether alternative explanations existed and how any losses were calculated. Those questions typically depend on expert and fact witnesses who worked directly with the affected systems.[Department of Justice]justice.govDepartment of JusticeLondon, England Hacker Indicted Under Computer Fraud…Gary McKinnon accessed and damaged without authorization 92…
This was particularly important because the alleged targets included military and aerospace systems. A court could not simply assume that a compromised machine was sensitive or that operational consequences followed from an intrusion. Witnesses familiar with those systems would have to explain their function, significance and the effect of any disruption.[Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
The location of those witnesses mattered. The people best placed to provide that evidence were generally employed by US government agencies, not British institutions. That meant a UK prosecution would have depended heavily on cooperation from foreign witnesses and foreign organisations from the beginning of the case to the end.[Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
How Witness Location Shaped the Forum Problem
The importance of witness location appeared repeatedly during the long extradition dispute. In a passage frequently cited in parliamentary discussions, Lord Justice Stanley Burnton observed that although McKinnon’s conduct occurred in Britain, it was directed at the United States. The information involved was American, the alleged damage occurred in America, and “the witnesses who can address the damage done by his offences are in America”.[parliament.uk]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
That observation captured the broader forum issue. Courts and prosecutors often consider where the evidence is located and where the principal witnesses can most easily testify. In McKinnon’s case:
- The allegedly affected computer systems were American.
- The organisations claiming harm were American.
- The investigators examining those systems were American.
- The witnesses explaining damage and operational impact were American.[parliament.uk]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
A US prosecution therefore had direct access to the people and records needed to present the case. A UK prosecution would have had to import much of that evidence across national boundaries, creating logistical and evidential difficulties that did not exist in the United States.[Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
Why the Problem Remained After Extradition Was Blocked
When Home Secretary Theresa May halted extradition in October 2012, she did so on human-rights grounds linked to McKinnon’s medical condition. She did not conclude that the evidence was weak or that the allegations were unfounded. Instead, the question of prosecution was returned to British authorities.[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…
The Director of Public Prosecutions then had to consider whether a domestic prosecution was realistically viable. By December 2012, the CPS and police concluded that no further criminal proceedings should be brought in Britain. Contemporary reporting and subsequent accounts noted that the evidential and practical difficulties of mounting a UK case remained substantial. None of the factors that had originally made the United States the preferred venue had disappeared merely because extradition was no longer available. 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…
The witness issue sat at the centre of that assessment. Even if British prosecutors could establish some unauthorised access, securing testimony from the American personnel needed to prove the alleged scale of damage, sensitivity and operational consequences would still be difficult. That reduced the likelihood of obtaining convictions that reflected the full allegations originally advanced by US authorities.[Hansard]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
The Key Point Often Missed
The importance of American witnesses helps explain why the debate was never simply about where McKinnon lived or where he used his computer. The stronger forum was generally considered to be the one where the alleged victims, investigators, technical experts and damage witnesses were located.
For that reason, the witness question was not a minor procedural detail. It went directly to whether prosecutors could prove the most serious parts of the case. British authorities ultimately concluded that they could not do so with sufficient confidence in a domestic prosecution. The concentration of crucial witnesses in the United States was therefore one of the clearest reasons a UK forum was viewed as weaker than an American one.[parliament.uk]hansard.parliament.ukHansard Gary Mc Kinnon (ExtraditionGary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar…
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Endnotes
1.
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%29
Source snippet
Gary McKinnon (Extradition) - Hansard - UK Parliament1 Dec 2009 — The witnesses who can address the damage done by his offences ar...
2.
Source: publications.parliament.uk
Link:https://publications.parliament.uk/pa/cm200910/cmhansrd/cm091201/debtext/91201-0004.htm
Source snippet
UK ParliamentHouse of Commons Hansard Debates for 01 Dec 2009 (pt...McKinnon has challenged his extradition in the district court, the H...
3.
Source: justice.gov
Link:https://www.justice.gov/archive/criminal/cybercrime/press-releases/2002/mckinnonIndict.htm
Source snippet
Department of JusticeLondon, England Hacker Indicted Under Computer Fraud...Gary McKinnon accessed and damaged without authorization 92...
4.
Source: hansard.parliament.uk
Title: Hansard Commons Chamber
Link:https://hansard.parliament.uk/commons/2009-12-14/debates/c6c23183-113b-44af-8eba-97ca9ba6367f/CommonsChamber
Source snippet
Commons Chamber - Hansard - UK Parliament14 Dec 2009 — The witnesses who can address the damage done by his offences are in Americ...
5.
Source: GOV.UK
Title: theresa may statement on gary mckinnon extradition
Link:https://www.gov.uk/government/news/theresa-may-statement-on-gary-mckinnon-extradition
Source 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...
6.
Source: GOV.UK
Link:https://www.gov.uk/government/speeches/gary-mckinnon-extradition-case-home-secretarys-statement
Source snippet
Gary McKinnon extradition case: Home Secretary's statement16 Oct 2012 — Statement made on 16 October 2012 by Home Secretary Theresa May o...
Published: October 2012
7.
Source: parliament.uk
Link:https://www.parliament.uk/business/news/news-by-year/2012/october/statement-on-gary-mckinnon/
Source snippet
Statement on Gary McKinnonSecretary of State for the Home Department, Theresa May made a statement in the House of Commons on Tuesday 16...
8.
Source: publications.parliament.uk
Title: The hon. Gentleman may
Link:https://publications.parliament.uk/pa/cm200910/cmhansrd/cm091214/debtext/91214-0002.htm
Source snippet
of Commons Hansard Debates for 14 Dec 2009 (pt 0002)There is no reasonable suspicion involved; there is no probable cause involved; and G...
9.
Source: publications.parliament.uk
Title: uk House of Commons
Link:https://publications.parliament.uk/pa/cm200809/cmselect/cmhaff/1105/09111005.htm
Source snippet
It rejected argument that to extradite Gary McKinnon would be a breach of his Article 3 human rights...Read more...
10.
Source: hansard.parliament.uk
Title: uk U K Extradition Arrangements
Link:https://hansard.parliament.uk/Commons/2011-12-05/debates/11120526000001/UKExtraditionArrangements
Source snippet
Extradition Arrangements - Hansard5 Dec 2011 — In the case of Gary McKinnon, a review of the medical evidence is taking place for a repor...
11.
Source: hansard.parliament.uk
Title: uk U S-UK Extradition Treaty
Link:https://hansard.parliament.uk/commons/2009-07-15/debates/09071559000001/US-UKExtraditionTreaty
Source snippet
parliament.ukUS-UK Extradition Treaty - Hansard15 Jul 2009 — The McKinnon case is currently subject to a further round of legal proceedin...
12.
Source: publications.parliament.uk
Title: mckinn 1
Link:https://publications.parliament.uk/pa/ld200708/ldjudgmt/jd080730/mckinn-1.htm
Source snippet
V Government of The United States of America...30 Jul 2008 — The appellant is a 42 year old British citizen, an unemployed computer syst...
13.
Source: assets.publishing.service.gov.uk
Title: public views 3
Link:https://assets.publishing.service.gov.uk/media/5a7af96ae5274a319e77c120/public-views-3.pdf
Source 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...
14.
Source: theguardian.com
Title: gary mckinnon no [uk charges]({{ ‘uk-charges/’ | relative_url }})
Link:https://www.theguardian.com/world/2012/dec/14/gary-mckinnon-no-uk-charges
Source snippet
The GuardianGary McKinnon will face no charges in UKDec 14, 2012 — No further legal action will be taken in Britain against the computer...
15.
Source: Wikipedia
Title: Gary Mc Kinnon
Link:https://en.wikipedia.org/wiki/Gary_McKinnon
Source snippet
Gary McKinnonGary McKinnon (born February 1966) is a Scottish systems administrator and hacker who was accused by a US prosecutor in 2...
Published: February 1966
16.
Source: theguardian.com
Title: gary mckinnon lodges challenge extradition
Link:https://www.theguardian.com/world/2009/dec/10/gary-mckinnon-lodges-challenge-extradition
Source snippet
Gary McKinnon challenges extradition10 Dec 2009 — McKinnon, from north London, was accused in 2002 of using his home computer to hack int...
17.
Source: aameranwar.co.uk
Title: hacker gary mackinnons extradition to us stopped
Link:https://aameranwar.co.uk/hacker-gary-mackinnons-extradition-to-us-stopped
Source snippet
Aamer Anwar & Co.HACKER GARY MACKINNON'S EXTRADITION TO US...14 Dec 2012 — On 16 October, Home Secretary Theresa May decided not to extr...
18.
Source: theguardian.com
Title: gary mckinnon
Link:https://www.theguardian.com/world/gary-mckinnon
Source 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
19.
Source: theguardian.com
Link:https://www.theguardian.com/world/video/2012/oct/16/gary-mckinnon-extradition-theresa-may-video
Source snippet
Gary McKinnon extradition halted by Theresa May – videoThe home secretary announces the withdrawal of an extradition order to the United...
20.
Source: theguardian.com
Title: gary mckinnon theresa may claims
Link:https://www.theguardian.com/world/2012/oct/19/gary-mckinnon-theresa-may-claims
Source 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...
21.
Source: theguardian.com
Title: gary mckinnon feels set free
Link:https://www.theguardian.com/world/2012/oct/17/gary-mckinnon-feels-set-free
Source snippet
Gary McKinnon feels 'set free' after US extradition decisionOct 17, 2012 — The computer hacker whose extradition to the US was blocked by...
22.
Source: theguardian.com
Title: judges speed gary mckinnon case
Link:https://www.theguardian.com/world/2012/jan/27/judges-speed-gary-mckinnon-case
Source snippet
High court judges attempt to speed up Gary McKinnon caseJan 27, 2012 — The high court has expressed concern over the length of time it is...
23.
Source: theguardian.com
Title: gary mckinnon extradition decision live
Link:https://www.theguardian.com/world/blog/2012/oct/16/gary-mckinnon-extradition-decision-live
Source snippet
Gary McKinnon extradition to US blocked by British...Oct 16, 2012 — The United States is disappointed by the decision to deny Gary McKin...
24.
Source: britannica.com
Title: Theresa May
Link:https://www.britannica.com/biography/Theresa-May
Source snippet
Biography, Facts, & Policies30 May 2026 — British politician who became the second woman prime minister of the United Kingdom in British...
Published: May 2026
Additional References
25.
Source: mytheresa.com
Link:https://www.mytheresa.com/
Source snippet
The Finest Edit in LuxuryMytheresa offers you the finest edit in luxury! Fall in love with over 200 international designer br...
26.
Source: theresacaputo.com
Link:https://theresacaputo.com/
Source snippet
Theresa CaputoA practicing medium for more than 20 years and with a fanbase in the millions, Theresa surged into the mainstream via 14 se...
27.
Source: innertemplelibrary.com
Title: hacker gary mckinnon loses appeal against extradition to us the guardian
Link:https://www.innertemplelibrary.com/2008/08/hacker-gary-mckinnon-loses-appeal-against-extradition-to-us-the-guardian/
Source snippet
Hacker Gary McKinnon loses appeal against extradition to US28 Aug 2008 — “Gary McKinnon, a computer expert who hacked into dozens of US m...
28.
Source: statewatch.org
Title: uk usa gary mckinnon extradition to us blocked by theresa may
Link:https://www.statewatch.org/news/2012/october/uk-usa-gary-mckinnon-extradition-to-us-blocked-by-theresa-may/
Source snippet
Gary McKinnon extradition to US blocked by Theresa May16 Oct 2012 — British computer hacker Gary McKinnon will not be extradited to the U...
29.
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-10460721
Source snippet
Gary McKinnon Faces No Further ActionDec 14, 2012 — Computer hacker Gary McKinnon will face no further criminal action, the Director of P...
30.
Source: silicon.co.uk
Title: gary mckinnon cps uk charges 102027
Link:https://www.silicon.co.uk/workspace/gary-mckinnon-cps-uk-charges-102027
Source snippet
Gary McKinnon To Face No UK Charges But Fight With US...14 Dec 2012 — Gary McKinnon is close to ending his nightmare decade as UK offici...
31.
Source: aljazeera.com
Title: no more charges for pentagon hacker
Link:https://www.aljazeera.com/news/2012/12/15/no-more-charges-for-pentagon-hacker
Source snippet
Human Rights News15 Dec 2012 — A senior British prosecutor has said Gary McKinnon, a hacker wanted in the United States for breaking into...
32.
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
Source snippet
10-year extradition ordeal of Gary McKinnon - using the very...Read more...
33.
Source: pmc.ncbi.nlm.nih.gov
Link:https://pmc.ncbi.nlm.nih.gov/articles/PMC7476620/
Source snippet
spectrum disorder and suitability for extradition - PMCby I Freckelton · 2020 · Cited by 8 — A ground-breaking judgment rejecting the ext...
34.
Source: youtube.com
Title: Gary Mc Kinnon: from “UFO hacker” to a landmark extradition case
Link:https://www.youtube.com/watch?v=k0ppX_hab60
Source snippet
Theresa May blocks Gary McKinnon's extradition to US...
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