This morning, the High Court ruled that Lauri Love, who is accused of hacking into US government computers, cannot be extradited to the US in the first major test of a forum bar to extradition introduced in 2013.
Partner Edward Grange commented:
“Love was the first high profile case to properly test the effectiveness of the forum bar to extradition that was introduced into legislation following Theresa May’s decision in October 2012, when she was Home Secretary, to block the extradition to the USA of Gary McKinnon. Since its introduction, all have failed in their attempts to argue that, by reason of forum, extradition would not be in the interests of justice. As a result, the impact of the forum bar has been seen as illusory in its effect. That perception may now begin to change.
It will be interesting to see now whether Love will be prosecuted in the UK for his conduct, something he and his lawyers have argued should happen since he was arrested on the US extradition request (#trialathome). This is particularly so in light of the concluding comments of the High Court that it would not be oppressive for Mr Love to be prosecuted in England for the offences alleged against him and that those who succeed on arguing the forum bar should expect a prosecution in England (where possible) to follow. The ball is now in the hands of the Crown Prosecution Service.”
Read the full article in The Law Society Gazette.