The Crown Prosecution Service has confirmed the USA is not going to appeal against the High Court’s ruling on the extradition of alleged hacker Lauri Love.
Mr Love, 32, from Stradishall, won his appeal against extradition at the High Court on February 5 on the grounds that it would not be in the interests of justice to extradite because he could be tried here and that it would be ‘oppressive’ to extradite due to Lauri’s health and the inadequate care he was likely to receive in US prisons.
A CPS spokesman said today: “We have applied to the High Court for leave to clarify a point of law of general public importance under section 114 of the Extradition Act 2003.
“The outcome of that application will not affect the court’s decision on Mr Love’s extradition to the United States which will not now take place.
“It would be inappropriate to comment further while legal proceedings continue.”
Section 114 concerns the Forum Bar to extradition in cases where a substantial part of the alleged criminal conduct occurred in the ‘requested state’ – in this case England – and extradition would not be in the interests of justice.
Kevin Kendridge, head of extradition department at Kaim Todner Solicitors, who represented Mr Love said: “Kaim Todner are, of course, delighted that Lauri can now be certain that he will not face extradition.
“We are also thrilled that the outcome in this landmark case is now final. We must await a decision on the forum point before we can be certain of the precedent that the case will set in terms of the forum bar. What we can be certain of at this stage is that the case will set a precedent on the oppression bar.”
Mr Love could still face prosecution in the UK for the alleged hacking of US government computer systems.