Date set for NASA hacker hearing in U.K.

A date has been set for the Britain's high court to consider whether self-confessed NASA hacker Gary McKinnon should be tried in the U.K.

Lord Justice Stanley Burnton and Justice Alan Wilkie will hear on July 14 the London resident's application for a judicial review, McKinnon's solicitor, Karen Todner, told ZDNet UK on Tuesday.

Gary McKinnon

(Credit: ZDNet UK)

McKinnon, accused by U.S. prosecutors of the "biggest military hack of all time" back in 2001, is pursuing a judicial review of a decision by the Crown Prosecution Service not to prosecute him in the U.K. Prosecution in the U.K. would enable McKinnon to avoid extradition to the U.S., where he runs the risk of a prison sentence of up to 60 years, according to his legal team.

If the judges grant McKinnon's application for the judicial review, then the review itself will be heard on the same day.

The high court judges are also in the process of reviewing the legality of former Home Secretary Jacqui Smith's denial of McKinnon's second appeal to the Home Office, despite knowing that he had been diagnosed with Asperger's syndrome.

If the judges find Smith was in error, the decision on McKinnon's extradition could be passed back to current Home Secretary Alan Johnson. However, if they rule that Smith was right, McKinnon will appeal to the House of Lords, Todner said. McKinnon's team will then take their case to the European Court of Human Rights if a House of Lords appeal fails, she added.

Tom Espiner of ZDNet UK reported from London.

[franchiseshop]

Too late, he is going going gone... Which is a shame really as he needs to go through the British courts and not the USA courts. No one in this country should be subjects to laws and judicial systems they are not governed by.

[tech_crazy]

Dude, he hacked into US systems and hence subject to US courts. If the US and UK have reciprocal arrangements, then he may be tried in the UK. Otherwise, the International Court of Justice would need to get involved.

[luke_marsh]

Opening up on older clandestine activity is not as important as opening up deliberative bridges of communicate among responsible intelligent groups about future plans and today's advances behind closed doors. We all know NASA although of commercial and civilian interests too serves interests of a more clandestine nature but what enough good minds are not aware of is the degrees some are going and are willing to go past status Quos that could invoke dangers and problems that require deliberation of good intelligent minds.
In which case this man you doing a write up on is null and void of as he didn't really get much past the front gates and as a token of good will to curious minds a slap on the wrist I think is what should be done about this mischievousness.

[cabinns]

Hmm, putting this guy in jail with Asperger's Syndrome is not a good idea. Let him socialize with criminals that are enemy's of U.S and U.K.? What are you thinking? I say keep him isolated on a military compound for the rest of his natural life consulting both US and UK governments.