Lord Chief Justice gives landmark judgment on forum bar to extradition
In a judgment handed down today at the High Court by the Lord Chief Justice and Mr Justice Ouseley it was held that the extradition of Mr Love would not be in the interests of justice given that he could be tried in England and there was a high risk that his mental and physical health would seriously deteriorate in custody in the United States.
Mr Love is accused by US authorities of cyber crime activity, and faced a very severe sentence in prison were he to be extradited and found guilty by a US court. Although Mr Love will not be extradited to face trial in the US, it is open to the UK authorities to consider whether or not to bring a prosecution against him.
This is the first extradition case to win on the new forum bar to extradition. This was on the basis that he could be tried in England without the very serious risk of mental deterioration and even suicide if he was extradited. The court accepted there was a real risk that Mr Love would deteriorate to the extent that he would become unfit to stand trial in the US due to his mental and physical health and the inadequate health care available in US federal prisons.
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Read the High Court judgment of the Lord Chief Justice and Mr Justice Ouseley here.