Gary McKinnon: Judicial Review of the CPS/DPP decision not to prosecute in the UK - oral hearing set for 2pm Tuesday 14th July 2009

  • Posted on
  • by
  • in

Whilst awaiting the "reserved" decision of the Judicial Review of the Home Office's decision to deliberately ignore the Asperger's Syndrome aspects of the Gary McKinnon extradition case his legal team have applied for another Judicial Review.

This challenges the decision by the Crown Prosecution Service and the Director of Public Prosecutions, not to prosecute Gary under the Computer Misuse Act 1990 here in the UK.

This would give him a chance of a fairer trial than in the USA, and, if found guilty, a more proportionate prison sentence, to be served in the UK. Prosecution for the same alleged offences in the UK, would take precedence over any extradition to the USA, as is usual under international extradition law.

The Oral Application will be heard on Tuesday 14th July 2009, at 2pm, by the same Judges who heard the Judicial Review on June 9th i.e. Lord Justice Stanley Burnton (a Lord Justice of Appeal) and Mr Justice Wilkie.

If they decide to hear this Judicial Review, they will do so that afternoon.

It would be extraordinary if these two eminent Judges were to publish their "reserved decision" on the first Judicial Review, before the 14th July