Asperger's Syndrome

Journalists: download our latest media release about Gary McKinnon's case in 'Related resources' at the bottom of this page.

Today, the National Autistic Society expressed great disappointment at the High Court decision that Gary McKinnon, a man with Asperger syndrome accused of hacking into US Government computer systems, should be extradited to the US. The ruling follows two judicial reviews where it was argued that his Asperger syndrome had not been given due consideration by those deciding on his case.

Mark Lever, chief executive of the NAS said:

"We are so disappointed for Gary and his family and so angry he is still in this position. The threat of extradition has been hanging over him for seven long years and sadly the nightmare continues. The NAS has campaigned hard for his extradition to be reconsidered in the light of his diagnosis of Asperger syndrome. We will continue to do whatever we can to keep him here in the UK and will support him in his appeal to the Supreme Court.

"People with Asperger syndrome are often far more vulnerable than initial appearances would suggest, frequently isolated, often bullied and sadly many experience severe mental health problems if they do not get the right support. We are extremely disappointed that the High Court has decided to continue with Gary's extradition despite these concerns."

The ruling today comes after two Judicial Review hearings examined whether the Home Secretary had been right in deciding to extradite Gary following his diagnosis with Asperger syndrome, and whether the Director for Public Prosecutions should have allowed him to stand trial in the UK.  The NAS supplied evidence about Asperger syndrome during the judicial review process, urging that his condition be taken into consideration.

The National Autistic Society has been campaigning to stop Gary's extradition since his diagnosis and has written to both the Home Secretary and the Attorney General. Thousands of NAS supporters have also voiced their support, writing to their MPs and signing a petition which was delivered to Downing Street by Garys mother earlier this month.

Gary now has the opportunity to appeal to the UK Supreme Court. The NAS will continue to campaign for his extradition to be stopped.

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Background to Gary McKinnon's case

Gary McKinnon was diagnosed with Asperger syndrome in August 2008 and stands accused of allegedly hacking into US Defense computer systems. As a result of Gary's late diagnosis, his Asperger syndrome was not taken into account in any legal proceedings prior to August 2008.

We have continued to express our concern that Gary's diagnosis be taken into consideration and took action by writing to both the Home Secretary when his diagnosis first came to light last year, and the Attorney General.

Asperger syndrome is a form of autism, a condition that affects the way a person communicates with and relates to others and the world around them. It is not uncommon for people with Asperger syndrome to develop single-minded, obsessional interests, and to be unaware of the effect their actions have on others.

The decision on Friday 31 July follows two judicial reviews of Gary's case. The first, heard on 9th June 2009, looked at the Home Secretary's decision to extradite Gary following his diagnosis. We submitted evidence during this judicial review explaining the nature of Asperger syndrome and the fact that diagnosis in adults is often late, as in Mr. McKinnon's case. This included information explaining that people with Asperger syndrome may be particularly vulnerable because of their difficulties with social awareness and communication, and may be susceptible to additional mental health problems as a result of their disability.

Earlier this year, over 4,000 supporters took part in our campaigner action to email the Attorney General asking that Gary be allowed to stand trial in the UK. His appeal to the Crown Prosecution Service was turned down in February 2009 and this decision was the subject of a second judicial review, heard on 14th July 2009.

You can read more about Asperger syndrome, and access information for criminal justice professionals on our website:

• more information about Asperger syndrome
• information for criminal justice professionals.