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Home Secretary Theresa May will announce her decision on whether computer hacker Gary McKinnon can be extradited to the United States by October 16, his lawyer said today.

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The US authorities want Mr McKinnon, from Wood Green, to face trial for hacking into military computers 10 years ago from his then-girlfriend’s Crouch End flat. He could face a jail sentence of up to 60 years if convicted.

Mr McKinnon’s mother Janis Sharp made an emotional appeal outside court in July for Mrs May “to show a little bit of compassion” and make an earlier decision, but the Olympics were blamed for the latest delay.

Mr McKinnon’s lawyer Karen Todner confirmed that the decision would now be made by October 16.

If Mrs May decides to allow extradition to go ahead, Mr McKinnon’s lawyers are expected to launch a last-ditch application for judicial review to challenge the decision.

Ms Todner said: “Should the decision from the Home Secretary not be in Mr McKinnon’s favour, the High Court has fixed the case for hearing on November 28 and 29.”

Mr McKinnon, 46, refused over the summer to undergo further medical tests by a Home Office-appointed expert during his battle to avoid removal.

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