The current U.S.-UK extradition treaty, according to critics, isn't fair for both American and British citizens, which caused the British government to closely evaluate McKinnon's current legal status. 

"As the home secretary told the Home Affairs Select Committee on Tuesday, the evidence that must be provided for a U.S. extradition request to proceed in the UK is in practice the same as for a UK request to proceed in the U.S.," a Home Office statement noted.  "The suggestion that the operation of the Extradition Act needs to be reviewed comprehensively is unnecessary."

McKinnon lost his last extradition appeal in August, and the possibility of extradition to the U.S. seemed even more probable.  The Briton was indicted in 2002 by a Virginia grand jury, with seven charges of computer-related offenses which could have led to a maximum of 70 years of prison.

Human rights activists and McKinnon's legal team argued McKinnon, who has a form of Asperger Syndrome, would face inhumane punishment if sent to the United States.  Prior to President Barack Obama's announcement to close Guantanamo Bay, it would have been possible McKinnon could have been sentenced there.