Gary Mc Kinnon - Judicial Review

Judicial Review

In January 2010 Mr Justice Mitting granted McKinnon a further judicial review of the decision of Home Secretary Alan Johnson to allow McKinnon’s extradition. Mitting distinguished two issues which were arguable, the first being whether Professor Turk's opinion that McKinnon would certainly commit suicide if extradited means that the Home Secretary must refuse extradition under section 6 of the Human Rights Act 1998 (which prevents a public authority from acting in a way incompatible with convention rights). The second was whether Professor Turk's opinion was a fundamental change to the circumstances that the courts had previously considered and ruled upon. Mitting ruled that if the answer to both questions was "Yes", then it was arguable that it would be unlawful to allow the extradition.