Portfolio Justice Extradition
Ties that bind
Ross Reid Justice Correspondent
MPs demand rethink on controversial extradition rules
To opponents of Britain’s extradition treaty with the USA, it is the case against Glasgow-born Gary McKinnon that embodies the flaws of the system.
As another year draws to a close, it seems a conclusion to the case against him is no closer than at any time.
“Tis will be his tenth Christmas since his
arrest and it has destroyed his life and it has destroyed ours,” McKinnon’s mother and lead campaigner, Janis Sharp, said. She was speaking as opponents of the treaty, which allows British people to be extradited to America to face charges, received what seems a rare and desperately-needed boost. In what has been described as a landmark
move, a group of MPs have urged the UK Government to reform extradition arrangements with the USA to better protect British citizens. Glaswegian McKinnon, who lives in London, has spent the last seven years facing the threat of extradition to the US after he hacked into
Beyond the headlines Long way to go
The rape conviction rate in Scotland has been a long- standing problem that has tarnished the reputation of the country’s criminal justice system. But last week it was announced by the Crown
Office that conviction rates in courts have risen by more than a third, with new laws passed a year ago attributed for the improvement. Of 13 cases brought under new legislation in the
past year, eight resulted in guilty pleas or verdicts. Prosecutors were quick to point out that the
success rate was 62 per cent – compared to 46 per cent under previous powers. It is indeed a sign of improvement given Scotland
was previously accused of having the lowest rape conviction rate in Europe, although the Crown Office has long disputed that because of the way the figures
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www.holyrood.com 12 December 2011
military computers in 2002. American officials have demanded that he is tried in the US, despite expert opinions obtained by McKinnon’s legal team warning that his mental condition could lead him to commit suicide. McKinnon, 45, admits the crimes but claims he was looking for evidence of UFOs. American prosecutors have said they will seek a sentence of up to 60 years – despite legal experts in the UK saying his crime would receive a fairly minor penalty in Britain. Sharp added: “Here the Crown Prosecution
Service (CPS) said in 2002 that Gary was looking at six months’ community service but then when the Americans took over, suddenly it becomes 60 years. So there is a huge disparity.” Although McKinnon’s case has energised a
movement against current extradition rules, there are scores of other people caught up in the
were collated. The Crown Office has also said that in the past
Scotland had one of the narrowest definitions of rape, adding to the difficulties for prosecutors. But last December the Sexual Offences (Scotland)
Act was introduced and one of its key components was a broadening of the definition of rape to include offences against men and other forced sexual acts. The Lord Advocate, Frank Mulholland, said: “The
new sexual offences act brought about significant changes in the prosecution of sexual crime in Scotland. Previously, Scotland had one of the narrowest definitions of rape in the world. “The act has broadened this substantially, making
it no longer a gender-specific crime and providing a statutory definition of consent. The first internal statistics kept by NSCU (National Sex Crimes Unit) under this new act are encouraging to date. “Victims – and the public at large – should be
confident that we have the skills and expertise to deal
system. “Between 2003 and 2009 there were 63 extraditions to the USA. Of those, precisely one was a terrorist,” former shadow home secretary David Davis said. Last week’s Commons motion calling for a
review of the treaty passed without the need for a vote. Dominic Raab, the Tory MP who won the right for the debate, said: “Te adoption of this motion paves the way for fundamental reform to protect our citizens from rough justice.” Te laws concerning extradition between the UK and USA were quickly thrown together in response to 9/11 and the ease with which America can now extradite British citizens is regarded as being onerous on the innocent. Labour gave away a number of safeguards when it signed up to the treaty in 2003. Opponents of it say it is much easier to extradite people from the UK to the US than the reverse.
Te US authorities need only show “reasonable suspicion” that someone is responsible for an offence to extradite a suspect there while Britain must show the equivalent of “probable cause” to bring an American here. London-based QC Alun Jones said there is a clear imbalance in the system and “the integrity of our extradition law requires equality”. In response to the MP motion, he wrote: “In a
request here, a short recitation of the allegations suffices. Te Home Office and the US authorities always claim that sufficient evidence is required in extraditions both ways; for extradition from
with this challenging and demanding area of work.” While the increase in the conviction rate has rightly
been universally praised and the new legislation widely applauded, some have argued that it is too early to tell what impact it may have. It has also been suggested that 13 cases under the
new law is too small a sample to distinguish exactly how successful it has been. Sandy Brindley, national co-ordinator at Rape Crisis
Scotland, said the figures were encouraging, and hopefully a sign the changes are making a difference. However, as Brindley acknowledged, the conviction
rate only tells part of the story. She added: “We do have to bear in mind that these
(figures) only represent those that actually got to court; we need to look at why so many don’t even get that far. “We can’t lose sight of the fact that so many women
still don’t see their cases getting to court, and that can be devastating.”
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