Leading counsel insist Home Secretary can stop McKinnon extradition

September 8th, 2009

Two top human rights lawyers from Matrix Chambers have provided an unambiguous legal opinion (commissioned by the Daily Mail) declaring that the Home Secretary not only has the power, but also the duty, to intervene in any extradition case even after the court process has ended if there is a real risk of a human rights breach should extradition proceed. This is contrary to the advice being given to Alan Johnson by the Legal Department within the Home Office that there was nothing he could do to prevent the extradition once the Hiigh Court had ruled that it could go ahead. However, the Extradition Act 2003 gives the English courts the primary responsibility – but significantly not the exclusive responsibility – for ensuring that the safeguards built into the Act which protect the defendant’s health and human rights are fully maintained. This indicates unequivocally that the Home Secretary as well as the courts have an essential role to play in extradition issues.


The reasons why the Home Secretary should exercise this discretion and this power that he has I set out in my post on this website on 2 August. Gary McKinnon’s medical condition is such that medical experts have concluded that there is a grave risk to his health, and even to his life, if he is extradited to the US. There is no reason why he cannot face charges in the UK for an act which took place in the UK. In order to persuade Alan Johnson that he has both a right and a duty for these reasons to take a stand in resisting unreasonable US pressure in demanding extradition in these circumstances, I have arranged a cross-party meeting together with David Davis and Chris Huhne at the Home Office tomorrow at 12 noon. I will provide a report after the meeting.

35 Responses to “Leading counsel insist Home Secretary can stop McKinnon extradition”

  1. LEE Says:

    Johnson has proved he is infit for this position.
    Mackinnon is a seeker nothing else.
    Aliens we are the aliens so what now?
    I hope the Americans act with common sense and free him totally showing the Brit justice system to be seen as completley out of date run by unqualified MPs.

  2. Jay Says:

    I must say Michael; your website is brilliant and your views on Gary and on the the al-Megrahi decision, reflect a brave traditional Labour/socialist viewpoint.

    Unfortunately there are few left in New Labour that have Traditional Labour/socialist standards.

    Knowing this and knowing that New Labour keep the good people down at the bottom and don’t let them into cabinet; do you think we traditional Labour voters should vote for the Lib Dems?
    If not, then who? It’s clear that New Labour are right wing pretending to be left.

    Jay

  3. Janis Sharp Says:

    Comments welcome: http://bit.ly/b9aPff #FreeGary

  4. Adrienne Bertagnolli Says:

    RT @JanisSharp: Comments welcome: http://bit.ly/b9aPff #FreeGary

  5. Cliff O'Sullivan Says:

    RT @Adrienne65: RT @JanisSharp: Comments welcome: http://bit.ly/b9aPff #FreeGary

  6. billythekid Says:

    This is mental, does the UK government have any idea about what you should be afforded, being from here?: http://is.gd/aNxao

  7. cliffsull Says:

    Alan Johnson should go ! Its time to end this ordeal for the Mckinnon/Sharp family !

  8. Cliff O'Sullivan Says:

    RT @cliffsull: Retweet and add your comment – #Garymckinnon #Michael_Meecher MP – a Sensible blog from the Top! http://bit.ly/b9aPff #

  9. jenkirby Says:

    RT @JanisSharp Comments welcome: http://bit.ly/b9aPff #FreeGary

  10. T Connell Says:

    RT @JanisSharp: Comments welcome: http://bit.ly/b9aPff #FreeGary

  11. Cliff O'Sullivan Says:

    well said @billythekid http://bit.ly/b9aPff #FreeGary http://bit.ly/56mnRW

  12. Elaine Says:

    Why is this vicious and incompetent Home Secretary still in post?

    If Labour think that the British people have given up on truth, justice and fair play, they should think again.

    Gary McKinnon hasn’t committed an extraditable offence, and Alan Johnson needs to stop peddling his transparent and malicious lies, man up and do his duty under Section6 of the HRA. This extradition should have been stopped years ago.

    Is our government really this useless?

  13. Sharon Crossland Says:

    RT: @JanisSharp: Comments welcome: http://bit.ly/b9aPff #FreeGary

  14. Mark Aldiss Says:

    #freegary http://www.michaelmeacher.info/weblog/2009/09/leading-counsel-insist-home-secretary-can-stop-mckinnon-extradition/

  15. Mark Aldiss Says:

    #garymckinnon http://www.michaelmeacher.info/weblog/2009/09/leading-counsel-insist-home-secretary-can-stop-mckinnon-extradition/

  16. Mark Aldiss Says:

    #freegary Michael Meacher MP Leading counsel insist Home Secretary can stop McKinnon extradition http://bit.ly/b9aPff

  17. Mark Aldiss Says:

    #freegary Michael Meacher MP the Home Secretary not only has the power, but also the duty http://bit.ly/b9aPff

  18. Mark Aldiss Says:

    #freegary Michael Meacher MP if there is a real risk of a human rights breach should extradition proceed http://bit.ly/b9aPff

  19. Mark Aldiss Says:

    #freegary Michael Meacher MP This is contrary to the advice being given to Alan Johnson http://bit.ly/b9aPff

  20. Mark Aldiss Says:

    #freegary Michael Meacher MP "contrary to the advice being given to Alan Johnson by the Legal Department" http://bit.ly/b9aPff

  21. Mark Aldiss Says:

    #freegary Michael Meacher MP experts have concluded that there is a grave risk to his health and even to his life http://bit.ly/b9aPff

  22. Mark Aldiss Says:

    #freegary Michael Meacher MP no reason why he cannot face charges in the UK for an act which took place in the UK http://bit.ly/b9aPff

  23. Mark Aldiss Says:

    #freegary Michael Meacher MP top human rights lawyers from Matrix Chambers have provided an unambiguous legal opinion http://bit.ly/b9aPff

  24. Paul Barasi Says:

    RT @harlechnnorfolk: #freegary Michael Meacher MP Leading counsel insist Home Secretary can stop McKinnon extradition http://bit.ly/b9aPff

  25. Janis Sharp Says:

    Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  26. Sharon Crossland Says:

    RT: @JanisSharp: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  27. Dandelion Says:

    Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  28. Marplesmarbles Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  29. Lisa Tweedie Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  30. Cliff O'Sullivan Says:

    RT @LisaTw: RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  31. Patrick Churchill Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  32. uruknet Says:

    RT @cliffsull

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  33. Cliff O'Sullivan Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  34. Don't Extradite Gary Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

  35. Cliff O'Sullivan Says:

    RT @dandelion101: Michael Meacher supports #GaryMcKinnon See website: http://bit.ly/bjBJdL #FreeGary RT

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