Results tagged “Home Office”

UPDATE 09 December 2009

It appears that the Metropolitan Police are intimidating the organisers, with the threat of arrest under unspecified laws, into not holding a peaceful demonstration at Buckingham Palace.


UPDATE 10th December 2009:

We have been passed an email from Inspector Emma Richards from the Metropolitan Police Royal Parks Operational Command Unit (who could have emailed info@freegary.org.uk directly) which clarifies under which law they are banning the Buckingham Palace demonstration in support of Gary McKinnon:

Statutory Instrument 1997 No. 1639 The Royal Parks and Other Open Spaces Regulations 1997 section 17, which says:

(17) organise or take part in any assembly, display, performance, representation, parade, procession, review or theatrical event;

These words do not actually cover a short term "static political demonstration" or a "plea for mercy".The regulations are to do with commercial exploitation of all of the Royal Parks, and road traffic speed limits etc.

Inspector Richards went on to say:

I am concerned that the wording implies that the Metropolitan Police is against your demonstration/cause. A detrimental comment has been made on the website and I am keen to stop this escalating. The reason for the refusal is due to the legislation.

That is exactly the impression which the Metropolitan Police Service at Charing Cross Police Station, who dealt with the SOCPA 2005 section 132 -138 Designated Area prior written application for the Home office demonstration gave, by failing to clearly communicate about this regulation in the first place, but instead, talking disproportionately and inappropriately about "terrorism".


There will be now be another peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Tuesday 15th December 2009 from 12 noon until 2pm and from 2pm onwards at Buckingham Palace.

Media Contact details:

email us here at info@Freegary.org.uk. If you are IT security conscious, and technically capable, then you can make use of our PGP Public encryption key.

We will pass on your messages to the demonstration organisers and spokespeople, or try to answer your queries ourselves.


Home Office

Will Home Secretary Alan Johnson and his senior civil servant advisors at the Home Office get the message from the British public, and manage to get themselves out of the political mess which they have created, over the Extradition Act 2003 and the Gary McKinnon extradition case ?

Time:
Tuesday 15th December 2009 from 12 noon until 2pm

Location:
Home Office main entrance, Peel Building (between the defensive / ornamental moats ponds) , Marsham Street, Westminster, London - see this location map


Home_Office_Marsham_Street_London_450.jpg

Nearest Tube stations:
Westminster or St. James Park - see the Transport for London website for journey planning details.

Buses:
London Bus Route 88 Clapham Common - Vauxhall - Westminster - Oxford Circus - Camden Town, stops directly outside the Home Office main entrance in Marsham Street, supposedly every 7 or 8 minutes.

Public toilets:

There is a Westminster Council run public toilet quite close to the Home Office in Regency Place:-- turn right along Horseferry Road at the southern end of Marsham Street.

See Regency Place public toilet location map

SOCPA 2005 s 132 Designated Area

The Home Office is, inappropriately, just within the Designated Area around Parliament Square, so the Serious Organised Crime and Police Act 2005 sections 132 to 138 apply. The organisers have already applied for the necessary prior written permission.

Loudspeakers and loudhailers are banned, but, given the volume of the chanting at the previous demonstrations, these would probably be superfluous anyway.

The Metropolitan Police can impose arbitrary extra conditions, at the time of the demonstration, but, hopefully, if things go as per the previous demonstrations at the Home Office, there should be no problems.


Buckingham Palace

There will also be a demonstration at Buckingham Palace at the western end of The Mall, London, next Tuesday 15th December 2009 from 2pm onwards

Will Her Majesty the Queen be able to influence her stubborn Labour Government to treat Gary McKinnon with mercy, and not allow him to be extradited to the USA, but to be tried here in the United Kingdom ?

Time:
Tuesday 15th December 2009 from 2pm onwards


Location:
Buckingham Palace, The Mall, London SW1 1AA


Location Map of Buckingham Palace


Nearest Tube stations:
Victoria (and mainline railway), Green Park, Hyde Park Corner or St. James's Park - see the Transport for London website for journey planning details.


Buses:
There are lots of buses which stop near Buckingham Palace e.g. Routes 2, 16, 36, 38, 52, 73, 82, 148, 436, 701, C2, 702, 797, X90

See London Bus Routes

Public toilets:

There are no Westminster Council run public toilets near Buckingham Palace.

Buckingham Palace is a SOCPA 2005 section 128 Protected SIte

Buckingham Palace is not within the Serious Organised Crime Act 2005 section 132 - 138 Designated Area around Parliament Square.

However, it is a Protected Site under the Serious Organised Crime and Police Act 2005 section 128 Offence of trespassing on protected site, (previously a Designated Site until the Terrorism Act 2006 amendment which changed the word "designated" to "protected").

Statutory Instrument 2007 No. 930 The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 designates:

(b) Buckingham Palace, the Mall, London, SW1A 1AA and its curtilage, including the buildings within that curtilage;

The curtilage means the outer walls and fences and gates of the site.

You can be arrested, but only by a constable in uniform not by Police Community Support Officers or by other security staff or military personnel on guard at Buckingham Palace,if you cross the gates, fences or walls of this outer boundary of the site. You would then face up to 51 weeks in prison and / or a level 5 fine (up to £5000).

Writing to Her Majesty The Queen

Contact Members of the Royal Family

In advance of the demonstration, you could write to Her Majesty the Queen, in support of Gary McKinnon:

Her Majesty Queen Elizabeth II
Buckingham Palace
London SW1A 1AA

Start your letter formally to "Your Majesty".


More hints and tips about going on a demonstration in this part of central London:


The House of Commons Select Committee on Home Affairs, chaired by Keith Vaz MP, is

The Daily Telegraph reports:

Alan Johnson to be grilled by MPs over his decision to extradite Gary McKinnon

Alan Johnson, the Home Secretary, is set to be questioned publicly by an all-party committee of MPs over his decision to extradite computer hacker Gary McKinnon to America.

By Christopher Hope, Whitehall Editor
Published: 7:00AM BST 20 Oct 2009

[....]

The Daily Telegraph has learned that the Commons' home affairs select committee is planning to a special session to examine how the treaty has been used by prosecutors, and whether the home secretary should be given discretion to try cases in the UK.

The MPs will also want to examine why US lawyers need only demonstrate "reasonable suspicion" for an extradition warrant to be granted in Britain. There is no reciprocal agreement for the Crown Prosecution Service in America.

Witnesses to be called to give evidence include Mr Johnson, the Home Secretary, and the family of Mr McKinnon, who suffers from autism, sources said.

Keith Vaz MP, the committee's chairman, said: "When considering this Treaty, the principal of reciprocity has long been contentious. I support calls for a review of this treaty in order to get the best deal for UK citizens.

"The case of Gary McKinnon highlights the difficulties in the current extradition relationship between the UK and the US. It is clear that the US got a better deal from the Extradition Treaty.

"The Treaty needs to allow Ministerial discretion in exceptional circumstances such as the case of Gary McKinnon.

"Ministers should always be able to intervene in these circumstances. The Home Affairs Committee will be looking at this issue in the future."

Separately Conservative peers will today seek to amend the legislation by attaching amendment to the Policing and Crime Bill which would allow prosecutors to bring charges in the UK if the crime was committed here.

David Burrowes, the shadow justice minster and Mr McKinnon's MP, said: "This is a good opportunity for Parliament to provide a degree of fairness and justice to the extradition arrangements, and help people like Gary to have justice in this country."

[...]

This seriousness of the legal implications of this case, not just for Gary McKinnon, but for all the rest of us as well, is illustrated by just how much of a mainstream Westminster political hot potato it has become.

The Times newspaper reports:

From The Times
October 17, 2009

Pentagon hacker wins a US extradition delay for psychiatric review

Frances Gibb, Legal Editor

Lawyers for the Home Secretary have agreed to delay moves to extradite Gary McKinnon, the computer hacker, pending a review of fresh psychiatric evidence.

Last week Mr McKinnon, who has Asperger's syndrome, was refused permission to take his case to the Supreme Court and faced 14 days to make representations. But government lawyers have now said that they will set aside the 14-day deadline to take time for consideration of the evidence.

Karen Todner, Mr McKinnon's lawyer, said: "We do take some hope from this. It is the first time that Alan Johnson will have a proper opportunity to consider the reports in this case and it shows that he is taking it seriously. In the meantime we don't want to be hammering on his door."

[...]

Will this sort of Joanna Lumely style charm soften the heart
of the the former hardline Communist, avowed atheist, former Trades Union apparatchik and current 6th choice as Labour Home Secretary Alan Johnson ?

More detailed reporting by The Daily Mail:

Fresh hope for Gary McKinnon as his U.S. extradition is delayed

By James Slack and Michael Seamark
Last updated at 1:18 AM on 17th October 2009

The Home Secretary has halted Gary McKinnon's extradition to consider new medical evidence about the computer hacker's mental state.

The Asperger's victim had been told he could be sent to the U.S. - where he faces 60 years in jail for hacking into military computers - by the end of this month.

But in an unexpected move, Alan Johnson has stopped the extradition clock.

He has asked Home Office lawyers to consider the implications of fresh evidence about Mr McKinnon's state of psychiatric health

[...]

Liberal Democrat leader Nick Clegg said: 'The Home Secretary has sat on his hands for too long, even in the face of legal advice from leading advocates that contradicts the Home Office's position.

'This new psychiatric report into Gary McKinnon's condition must persuade him that it is no longer acceptable to shrug his shoulders and claim that nothing can be done.

'Alan Johnson should do the decent thing and intervene to ensure that Gary is tried in Britain, where he committed his crime and confessed to it.'

[...]

Mr Johnson's decision to stall the extradition is highly surprising as he has always insisted he is powerless to intervene in the case - a claim hotly contested by independent lawyers.

By halting the process, even temporarily, he appears to be conceding he is at least free to consider Mr McKinnon's plight.

Campaigners will point to the fact that, if he could do nothing, there would be no reason to even study the latest 60-page medical report.

The Home Office may, however, be seeking simply to take all possible steps to avoid further legal challenges.

Rejecting the evidence outright could prompt a judicial review, or action by the European Court of Human Rights.

The consequences of Mr Johnson's actions are that, at the very least, Mr McKinnon has been given more time to fight extradition.

[...]

Is this really just a "going through the motions" political delay, until after the Glasgow East by election, which is due to be held on the 12th November, where a Labour defeat might lead to some desperate Labour party supporters to call for Gordon Brown to step down as leader, in favour of Alan Johnson ?

The Daily Mail is a right of centre, politically powerful, daily newspaper, and it is wholeheartedly supporting Gary McKinnon in his legal fight against extradition to the USA, with today's front page article, and subsidiary articles, including their own online petition.

An affront to British Justice

Dear Home Secretary,

I believe the extradition of Gary McKinnon to the U.S. is unjust and inhumane because as an Asperger's sufferer a long prison sentence would be catastrophic for his mental health.

I urge you to use your discretion to allow him to be tried by an English court.


You can also contact Home Secretary Alan Johnson, independently of the Daily Mail:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Home Secretary
Rt Hon. Alan Johnson MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Gary McKinnon has been refused a written Judicial review by Home Secretary Jacqui Smith - his lawyers have until 5th December to apply for an Oral Judicial Review.

The Register reports:

McKinnon suffers further legal setback in extradition fight

Fight continues as legal options dry up

By John Leyden

Posted in Law, 7th November 2008 10:49 GMT

Gary McKinnon has suffered another legal setback in his fight against extradition to the US on hacking charges.

The accused hacker has been refused a written judicial review of the Home Secretary's decision not to suspend extradition proceedings in light of his recent diagnosis with Asperger's Syndrome. McKinnon's lawyer, Karen Todner, has been given until 5 December to apply for an oral judicial review (ie a hearing in chambers).

The legal setback follows decisions by the House of Lords to deny his appeal against extradition and the European Court of Justice washing its hands of the case.

[...]

Computer Weekly reports:

Hacker Gary McKinnon to be extradited to US within days

Author: Ian Grant
Posted: 18:02 13 Oct 2008
Topics: Business Continuity

Self-confessed hacker Gary McKinnon's final appeal to be tried in Britain was turned down this afternoon. He is expected to be extradited to the US within days, where he faces charges that he was responsible for "the greatest military hack in history".

A statement from Gary McKinnon's lawyers, Kaim Todner, said, "The secretary of state has advised via the Treasury solicitors that despite Mr McKinnon's diagnosis with Asperger's Syndrome [an autistic condition] she will now be making arrangements for his extradition based on her order for extradition of 4 July 2006.

"She has failed to make any request for repatriation to the US when other countries make similar requests on behalf of their citizens."

McKinnon's attorney, Karen Todner, said she has asked Secretary of State Jacqui Smith for permission to seek a judicial review of the decision to extradite McKinnon. Smith will give her decision tomorrow morning.

If granted, McKinnon will have 14 days to apply for the review, which will be held by the High Court. If he decides not to ask for the review he will have 10 days to prepare himself for extradition.

Todner described McKinnon as "devastated". "He has been suffering from depression for several months now," she said.

She added she was "optimistic" that Smith would grant permission for the judicial review.

McKinnon has failed in his appeal against extradition in every available court in the UK and Europe.

A judicial review would delay things until after the US Presidential election, which may very well suit the unpopular Labour government.

There will be another peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Friday 10th October 2008 from 5pm

Will the new Ministers of State at the Home Office, who are expected to be Phil Woolas and Vernon Coaker, signal a different attitude towards Gary McKinnon's extradition to the USA case by the Home Office bureaucracy ?

Time:
5pm to 7pm Friday 10th October 2008

Location:
Home Office main entrance, Peel Building (between the defensive / ornamental moats ponds) , Marsham Street, Westminster, London - see this location map

Nearest Tube stations:
Westminster or St. James Park - see the Transport for London website for journey planning details.

Buses:
London Bus Route 88 Clapham Common - Vauxhall - Westminster - Oxford Circus - Camden Town, stops directly outside the Home Office main entrance in Marsham Street, supposedly every 7 or 8 minutes.

Public toilets:

There is a Westminster Council run public toilet quite close to the Home Office in Regency Place:-- turn right along Horseferry Road at the southern end of Marsham Street.

See Regency Place public toilet location map

Name: Regency Place SW1
Information: Urinal - Men only
Number: 32
Wheelchair Access: Yes
Type: PC
Gender: M
Opening Times: 24hrs
Baby: No
Disabled Access: No

Name: Regency Place
Information:
Number: 40
Wheelchair Access: Yes
Type: APC
Gender: Unisex
Opening Times: 24hrs
Baby: No
Disabled Access: Yes

Contact details:
email us here at info@Freegary.org.uk. If you are IT security conscious, and technically capable, then you can make use of our PGP Public encryption key.

We will pass on your messages to the demonstration organisers, or try to answer your queries ourselves.

The Home Office is, inappropriately, just within the Designated Area around Parliament Square, so the Serious Organised Crime and Police Act 2005 sections 132 to 138 apply. The organisers have already applied for the necessary prior written permission,

Loudspeakers and loudhailers are banned, but, given the volume of the chanting at the previous demonstrations, these would probably be superfluous anyway.

The Police can impose arbitrary extra conditions, at the time of the demonstration, but, hopefully, if things go as per the previous demonstration on 2nd September, there should be no problems.

More hints and tips about going on a demonstration in central London:

A couple of reports about the demonstration at the Home Office, today, in support of Gary McKinnon, who is facing extradition to the USA:

Press Association (via The Guardian): Hacker 'distraught' at extradition

A "citizen journalist", who lives across the road from the Home Office has uploaded a short video clip to the CNN iReport website: SOLO - Gary McKinnon protest at the British Home Office in London (Flash video, 40 seconds)

Home_Office_02Sept08_Free_Gary_McKinnon_min.jpg

Update 3rd September:

Marc Vallée, one of the photo journalists who covered the demonstration, has published some good photos and slideshows of the event on his blog: Gary McKinnon Protest - (02.09.08)

Update: 13th September

A half hour video entitled Gary McKinnon documentary for Edge TV is now available on MySpace TV (Flash required). This documentary in the series "Anarchy on the Airwaves " has interviews by presenter Maz with Lucy, Bruce and Noel , as well as general footage of the demonstration at the Home Office.

Update 17th September:

The video documentary above is now no longer availale on MySpace TV (why ?) and has been uploaded to Google:- Gary McKinnon - The greatest computer hacker of all time? - Anarchy on the airwaves presents a new documentary for Edge TV

There will be a peaceful demonstration in support of Gary McKinnon, at the Home Office in Marsham Street, London, this coming Tuesday 2nd September 2008, at 4pm.

Time:
4pm, Tuesday 2nd September 2008

Location:
Home Office main entrance, Peel Building (between the defensive / ornamental moats ponds) , Marsham Street, Westminster, London - see this location map

Nearest Tube stations:
Westminster or St. James Park - see the Transport for London website for journey planning details.

Buses:
London Bus Route 88 Clapham Common - Vauxhall - Westminster - Oxford Circus - Camden Town, stops directly outside the Home Office main entrance in Marsham Street, supposedly every 7 or 8 minutes.

Contact details:
email us here at info@Freegary.org.uk. If you are IT security conscious, and technically capable, then you can make use of our PGP Public encryption key.

We will pass on your messages to the demonstration organisers, or try to answer your queries ourselves.

Home_Office_4_300.jpg


Serious Organised Crime Act 2005 section 132 - 138 Designated Area

Many people in the UK and the rest of the world might be surprised at the extent of the restrictions on the fundamental human rights of free speech, freedom of assembly and freedom to protest politically, which have been imposed in an excessively large Designated Area around the Houses of Parliament in central London.

The Home Office in Marsham Street is, sneakily, just within this Designated Area around Parliament Square, covered by sections 132 to 138 of the Serious Organised Crime and Police Act 2005.

This controversial legislation, may well be repealed, sometime next year, but it is still the law right now: