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Direct Communications Unit 2 Marsham Street, London, SW1P 4DF Switchboard: 020 7035 4848 - Fax:

Direct Communications Unit 2 Marsham Street, London, SW1P 4DF Switchboard: 020 7035 4848 - Fax: 020 7035 4745 - Textphone: 020 7035 4742 E-mail: public.enquiries@homeoffice.gsi.gov.uk - Website: www.homeoffice.gov.uk

Reference:

Dear ………….

Thank you for your further e-mail of 7 May 2012 in response to our reply to you of 4 May. I have carefully noted the concerns raised in your email.

You refer to the case of Christopher Tappin who is accused in the USA of offences arising out of an alleged conspiracy to export controlled defence articles to Iran without the required export licence. Mr Tappin was initially refused bail by the US authorities but bail has since been granted. He is entitled to consular support as would any other British citizen in similar circumstances. The matter of plea bargaining is one for the US authorities.

You also mention the cases of Richard O’ Dwyer and Gary McKinnon. Where conduct is alleged to have occurred outside the requesting state, any alleged offences for which extradition is sought have to come within the jurisdiction of the state seeking extradition, as well as being an extradition offence as defined by the 2003 Act. This is subject to scrutiny by the courts before extradition is ordered. In the case of Mr. O’Dwyer, UK courts have held that US authorities have jurisdiction in relation to the stated offences and the US is therefore entitled to pursue extradition.

With reference to Mr. McKinnon’s case, he has exhausted all his appeal rights under the Extradition Act 2003. The only decision for the Home Secretary to make in Mr McKinnon’s case is whether extradition would breach his rights under the European Convention on Human Rights. The Home Secretary is currently reviewing all the relevant material thoroughly prior to making her decision. A court hearing has been set for 24 and 25 July 2012.

As mentioned in my previous response, one of the areas the independent review panel focused on was whether the UK-US extradition Treaty that came into force on 26 April 2007 was unbalanced. The panel found that the Treaty did not operate in an unbalanced manner. However, the Home Secretary is considering all relevant material, including reports from the Joint Committee on Human Rights and the Home Affairs Select Committee before announcing shortly what action the Government will take in response to the review.

I hope this goes some way to addressing your concerns. Yours sincerely,

D.Kumar Extradition Section