R (McKinnon) v SSHA [2009] EWHC 2021 (Admin)

Because of the claimant's Asperger's Syndrome, extradition to the US would cause his mental health to suffer and would create risks including suicide; however, his case did not approach Article 3 severity: the SSHA's decision to order extradition, and the DPP's decision not to prosecute in the UK (although he had admitted certain offences), were lawful.

Related judgments

R (McKinnon) v SSHA [2009] EWHC 2449 (Admin)

Other

R (McKinnon) v SSHA; R (McKinnon) v DPP

Judgment: 31 July 2009

Hearing dates: 9, 10 June 2009; 14 July 2009

Before: Stanley Burnton LJ; Wilkie J

Edward Fitzgerald QC and Ben Cooper (instructed by Kaim Todner LLP) for the Claimant

Hugo Keith QC (instructed by the Treasury Solicitor) for the Secretary of State for Home Affairs

David Perry QC and Clair Dobbin instructed by the CPS for the Director of Public Prosecutions

External links

Bailii

McKinnon faces extradition despite suicide risk, ComputerWeekly.com, 31/7/09

ICD-10 F84.5