Results tagged “Theresa May”

The Conservative - Liberal Democrat coalition government is allowing members of the public (that means you!) to have a say in a review of the appalling mess which the incompetent and authoritarian previous Labour government made of the whole process of Extradition:

Remember that there was no public consultation whatsoever, and no informed debate and careful scrutiny in Parliament either, when the notorious and twice disgraced David Blunkett forced through the Extradition Act 2003 into law, which he and his apparatchiki then applied retrospectively to Gary McKinnon and to other cases. such as the Nat West 3 Bankers and Babar Ahmed. etc.

Your views on extradition wanted

Monday, 08 Nov 2010

Members of the public can have their say on a review into the UK's extradition arrangements from today.

Extradition is the process which allows countries to make formal requests to each other for the return of suspects to stand trial for a crime in the country it was committed.

An independent review of the UK's extradition laws was announced by the Home Secretary in September. As part of that review, the public has until 31 December to contribute views.
Efficient and fair

The review panel is being led by the Rt Hon Sir Scott Baker and is focusing on five areas to ensure that the UK's arrangements work both efficiently and in the interests of justice. These areas are:

* the Home Secretary's powers to stop extradition
* the operation of the European Arrest Warrant, which deals with extradition requests between European countries
* where a crime is mainly committed in the UK, whether the person should be tried here
* whether the US-UK Extradition Treaty is unbalanced
* whether requesting countries should be required to provide sufficient evidence to prove an allegation

Your views

The panel would like to hear from anyone who may wish to contribute to the review. You can put forward your views by email to: extradition.review@homeoffice.gsi.gov.uk.

The closing date for contributions is 31 December 2010.

The panel is supposed to report by "summer 2011" and comprises of:

Sir Scott Baker will lead review of extradition

[...]

The Rt Hon Sir Scott Baker was called to the Bar in 1961, and practised in a range of legal areas, including family finance cases and professional negligence. He became a Recorder in 1976 and was appointed as a High Court judge in 1988. In 1999, he presided over the trial of Great Western Trains following the Southall rail crash in 1997. He became a Lord Justice of Appeal in 2002 and went on to preside over the inquest into the death of Princess Diana. He also sat regularly in the Divisional Court hearing appeals and judicial reviews in extradition cases. He also tried Jonathan Aitken in 1999.

David Perry QC is a leading barrister in the field of extradition who is regularly used by the Crown Prosecution Service. From 2001 to 2006 Mr Perry was Senior Treasury Counsel prosecuting in a range of high profile cases.

Anand Doobay is a partner at Peters & Peters and has a wealth of experience in the field of judicial co-operation. He has focused in recent years on representing the subjects of extradition requests to the UK with a particular expertise in Russian cases. He is a co-author of 'Jones and Doobay on Extradition' published by Sweet and Maxwell. Mr Doobay is a trustee of Fair Trials International.

Many of Gary McKinnon's supporters have sent in written arguments which touch on one or more of the terms of reference of this review, but they were all ignored and treated with contempt by the Labour politicians and their Whitehall appartchiki.

If you can spare a few minutes to email The Rt Hon Sir Scott Baker via extradition.review@homeoffice.gsi.gov.uk. then please do so.

There is nothing in this review which limits input solely to United Kingdom citizens, the panel would be unprofessional if they ignored the views of foreigners who are affected by the current British Extradition law mess.

UPDATE 4th January 2011:
it seems that the deadline for sending in your views has now been extended until the end of this month - Monday 31st January 2011

See:

https://twitter.com/#!/ukhomeoffice/status/22328608139771904

and the updated

http://www.homeoffice.gov.uk/media-centre/news/views-extradition


HC Deb, 8 September 2010, c18WS

Extradition Review

Home Department

Written answers and statements, 8 September 2010

Theresa May (Home Secretary; Maidenhead, Conservative)

I am today announcing to Parliament the Government's plans to review the UK's extradition arrangements.

The coalition's programme for Government document published on 20 May, stated that

"We will review the operation of the Extradition Act-and the US/UK extradition treaty-to make sure it is even-handed".

This announcement sets out how we propose to do this.

There are a number of areas of the UK's extradition arrangements which have attracted significant controversy in recent years. The Government understand that these are long-standing concerns and the review will therefore focus on five issues to ensure that the UK's extradition arrangements work both efficiently and in the interests of justice. These issues are:

breadth of Secretary of State discretion in an extradition case;

As a "fast track" extradition process for rapid extradition of terrorist suspects to the USA, the alleged lack of involvement in the process by the Home Secretary under the Extradition Act 2003 has been an utter failure, like so much else of David Blunkett's and the other disgraced Labour Home Secretaries policies.

the operation of the European arrest warrant, including the way in which those of its safeguards which are optional have been transposed into UK law;

What safeguards exactly ? The only thing that prevents abuse Part 1 of the Extradition Act 2003 is the fact that UK authorities can extradite people from other countries in the European Union on the same "no prima facie evidence" basis.

This does not apply to extraditions to the USA from the UK and no other European Union country (apart from Ireland, with some "legal forum" safeguards) allows such extraditions to the USA without prima facie evidence.

All the European Union countries' decisions on the European Arrest Warrant are subject to appeal to the same (slow) European Court of Human Rights in Strasbourg.

whether the forum bar to extradition should be commenced;

Yes, obviously - why has this not already been done immediately ?

Even the Labour Home Secretaries weaseled about this, granting themselves the power to do so, but failing to Commence the amended legislation i.e. to bring it into force..

whether the US-UK extradition treaty is unbalanced;

Yes, very obviously so

Just read the Foreign & Commonwealth Office official online and printed copies of the Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" !

Extradition Treaty between the UK and the United States of America with Exchange of Notes
Presented to Parliament: June 2007
(.pdf)

Change this treaty as soon as possible, but change the UK domestic law first.

whether requesting states should be required to provide prima facie evidence.

The review will be conducted by a small panel of experts who we are now seeking to appoint. We expect the review to report by the end of the summer 2011.

"We expect the review to report by the end of the summer 2011."

Does this mean at least another year on tenterhooks for Gary McKinnon and his family, friends and supporters?

The Home Secretary needs to clearly state that Gary McKinnon will not be extradited to the USA until at least this Review has been finished and acted upon by the Government.

It is not necessary to re-negotiate the Treaty before amending the notorious Extradition Act 2003, which was passed into UK law before the Treaty was even ratified by both sides and which was applied retrospectively to Gary McKinnon and the Nat West Three bankers and Ian Norris Morgan Crucible cases i.e. the previous 1972 treaty and the previous Extradition Act 1986 were in force at the time of their alleged offences.

The Daily Telegraph reports:

New powers to block Britons from extradition
New powers to block extradition could be given to ministers to better protect Britons wanted by foreign courts, The Daily Telegraph can disclose.

By Tom Whitehead, Andrew Porter and Christopher Hope
Published: 9:57PM BST 06 Sep 2010

An independent review of agreements with the US and European nations is to be announced by Theresa May, the Home Secretary.

It follows widespread concern that the current system is biased against Britain and follows cases including that of Gary McKinnon, the alleged hacker wanted by the American authorities.

Under the review, which could be announced as soon as Wednesday, the Home Secretary's hand could be strengthened and foreign authorities could be required to provide more evidence before British courts grant a request. A panel of lawyers and international relations experts, led by a judge, will also examine whether suspects accused of crimes that took place mostly in this country but affected foreign citizens should be tried at home.

[...]

In principle this should be good news for Gary McKinnon and for the other people facing unfair extradition to the USA and to a lesser extent , to the European Union.

However, we wait to see the detail of exactly what is officially announced about this "independent review".

The Hiome Office civil servants and their legal advisors and the Judiciary were also supposed to be "independent", but they have failed to protect United Kingdom sovereignty and the human rights of British citizens caught up in extradition bureacracy.

Will any "new powers" be put in place in time to prevent Gary McKinnon's extradition to the USA ?

Constitution and Home Affairs
Oral Answers to Questions -- Education
House of Commons debates, 7 June 2010, 2:30 pm

[...]


Hansard source (Citation: HC Deb, 7 June 2010, c128)

Keith Vaz (Leicester East, Labour)

I welcome the Home Secretary to the Dispatch Box. One of her first decisions was to announce a review of the case of Gary McKinnon, a constituent of Mr Burrowes. That decision is welcome. Does she have a timetable for when she thinks that she will conclude her review of that case?

Theresa May (Home Secretary; Maidenhead, Conservative)

I am not able to give the right hon. Gentleman a timetable at the moment. Indeed, I took a decision that we would agree to an adjournment of the judicial review that was due to take place towards the end of May. I was asked whether I would do that and received further representations from Mr McKinnon's legal representatives. I am waiting for those further representations to be received.

There is nothing in law, or in real life politics, to limit such "representations" only to Gary McKinnon's legal team.

Please write to the Home Secretary on Gary's behalf:

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

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