Gary McKinnon wins extradition reprieve for psych review

happygeek 0 Tallied Votes 508 Views Share

Just when it looked like every avenue to prevent the extradition of self-confessed NASA Hacker Gary McKinnon had been exhausted, especially when just last week a couple of High Court judges denied him leave to appeal his case to the highest court in the UK, it looks like the hacking cause célèbre has got a reprieve.

In an unexpected twist, Home Secretary Alan Johnson has delayed the extradition proceedings while he considers the medical evidence. Diagnosed with Asperger's Syndrome, it has been argued by the Free Gary campaign that to send him to prison in the US would be the equivalent of signing his death warrant.

Certainly there seems to be a groundswell of opinion (both here and in the US) that were McKinnon tried in the UK he would most likely face a more lenient sentence. I myself have argued that he should face the music, as it were, in the UK rather than the US. I recently stated right here on DaniWeb that "I seriously doubt that McKinnon could get a fair trial in the US where he has already been branded a fugitive from justice (for merely going through the legal process of appealing against an extradition order, something to which he has every legal and moral right) and various government and military mouthpieces have made it quite clear that they think the book should be thrown at him and McKinnon should get 'what he deserves' which would appear to be 60 years in a supermax prison apparently".

However, I have also made it quite clear that I believe McKinnon should not be let off with a slap on the wrist. He has broken the law, he admits as much, and must face the consequences - Asperger's Syndrome or not. This has, let's face it, been dragged out long enough now. McKinnon was arrested way back in 2002 and the 43 year old needs to be prosecuted and tried in a court of law so that he, and everyone else, can move forward.

Dani AI

Generated

As pointed out in the Oct 19, 2009 thread, the procedural pause here turns on clinical evidence rather than the underlying technical facts. That distinction is crucial: a forensic psychiatric or psychological assessment does not erase offending, but it reframes how courts and decision‑makers treat culpability, vulnerability and proportionality.

A robust forensic review will do more than give a diagnostic label. Typical elements that carry weight in legal proceedings include a clear diagnostic formulation, an assessment of day‑to‑day functional impairment, evaluation of fitness/competence to participate in proceedings, structured risk assessment (including self‑harm), prognosis and specific, actionable recommendations for custody and care. Reports that translate clinical findings into legal terms (competence vs. culpability; mitigation vs. incapacity) are the most useful to judges and ministers.

Evidence that strengthens a medico‑legal position tends to be objective and well documented: independent forensic psychiatrists/psychologists with court experience; standardized diagnostic instruments and neuropsychological testing (for example, autism diagnostic modules and executive‑function batteries where relevant); contemporaneous medical records and treatment history; and clear examples of functional impact (work, daily living, prior incidents). Persuasive reports explicitly link clinical risks to likely outcomes in custody and set out reasonable adjustments or care plans rather than vague assertions.

Clinically informed evidence can change legal strategy — it may delay proceedings, lead to conditions on transfer, inform mitigation at sentencing, or affect placement and healthcare in custody — but it is not an automatic bar to prosecution. Since this discussion dates from Oct 19, 2009, readers should note that extradition law, prison‑healthcare policy and disability accommodation practice have evolved; outcomes depend on the contemporary legal and clinical context.

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