!-Comment-! - This is one of the most positive elements to have taken place in the drawn out flip-flopping of Gary McKinnon's appeal for his case to be heard in the UK. Lord Carlile has written to the Home Secretary asking for her to consider the UK as the main arbiter in McKinnon's plight. !-End-!

See this site's full media archive on Gary McKinnon

Lord Carlile, the independent reviewer of anti-terror laws, has written to the home secretary to ask her to enable computer hacker Gary McKinnon to be prosecuted in the UK rather than face extradition and a jail term in the US. The intervention comes as the director of public prosecutions, Keir Starmer QC, is considering whether to prosecute McKinnon, who has been diagnosed with Asperger's syndrome, under British computer misuse laws.

In a letter to Jacqui Smith, Lord Carlile, QC, writing in a personal capacity, states that "there is no doubt that Mr McKinnon could be prosecuted in this country given that the acts of hacking occurred within our jurisdiction".

Lord Carlile of Berriew suggests that McKinnon's condition makes a very strong case for any prosecution to take place in the UK. "Of especial importance is the opinion of Professor Simon Baron-Cohen, who describes the unusual and florid symptoms which place Mr McKinnon clearly within the category of Autismhuman rights laws, is "plain and strong". Spectrum Disorder, with potential injury to his health of a high order were he to be transferred to the US legal system," he said. He suggests that the argument that such a transfer to the US jail system could infringe European

He adds: "I would hope that the US authorities would be prepared to accept that the English legal system is capable of dealing with the case in full."

Lord Carlile is the latest among a growing number of political and legal figures who have urged the home secretary and the DPP to prosecute in the UK. About 100 MPs from all parties have signed an early day motion urging that McKinnon should not be extradited unless a guarantee is given that he would serve his sentence in the UK. Earlier this month, the mayor of London, Boris Johnson, called for the case to be tried in the UK. McKinnon's lawyers have also written to President Obama urging him to intervene.

McKinnon's hacking activities were carried out between 2001 and 2002 from a room in a north London flat. He entered the US defence department and Nasa computer systems, sometimes leaving messages such as "your security is crap".

A final judicial review of the case is scheduled for next month. The DPP's office confirmed last week that the matter was still being considered.