The three US extradition requests now go to the Home Secretary, but the High Court will be asked to consider Theresa May’s forum bar in due course

Though Judge Tempia ruled against Lauri Love on Friday, the battle against his extradition and the possibility of life imprisonment in the United States has a long way to run. As Lauri himself said after the ruling, “I thank the judge for giving us an opportunity to win at a higher court and set a stronger precedent.”

Over to you, Home Secretary

Formally, extradition is a matter for politicians in the UK, rather than the courts. Following Judge Tempia’s ruling, the US extradition request will now be sent to the UK’s Home Secretary, Amber Rudd, who can approve or refuse the extradition order. She has until mid-November to make her decision.

As a result of the introduction of the forum bar – the change in the law that conspicuously failed to protect Lauri on Friday, despite the court finding that his medical conditions did present a serious suicide risk – the opinion of most experts is that Amber Rudd’s ability to refuse the extradition order is limited. This does not mean that she should not be made aware of the strength of opinion against Lauri’s extradition to the United States. Politicians from several political parties have already made their concerns public.

Appeal to the High Court

If Home Secretary Amber Rudd approves Lauri’s extradition, his legal team has fourteen days to make their next move. The automatic right to appeal in extradition cases was removed just a month before the US issued an arrest warrant and three months before Lauri was arrested by the Met Police extradition squad in July 2015, so his legal team will have to apply for permission to appeal to the High Court. Given Amber Rudd’s mid-November deadline, Lauri’s legal team will have to make this application by early December at the latest.

Given the importance of Lauri’s case, as the first substantive test of Theresa May’s forum bar, it is likely that permission would be granted and an appeal will be heard in the High Court. A ruling in Lauri’s favour at the High Court could establish the 2013 forum bar as a serious method for redress for those ensnared by the US-UK Extradition Treaty. It’s difficult to say how long this process might take and when any appeal might take place. Karen Todner, Lauri’s solicitor in the UK, has said that the entire process may last at least another year.

This long wait means months of stress for Lauri and his family, who have already spent almost three years living under the shadow of US allegations presented with no evidence. We need to make sure that Lauri’s case stays in the public eye and the British government remains fully aware that sending Lauri Love to the United States would go against the will of the British public, render the assurances of changes to UK-US extradition post McKinnon meaningless and superficial, and put an intelligent, socially conscious young man in extremely grave danger.

What to do now?

If you’re in the UK, the most effective thing you can do is to write to your MP expressing your concerns about what is happening to Lauri. Let them know that Judge Tempia’s ruling has shown the forum bar to be ineffective, even when the person concerned is at as great a risk of harm as Gary McKinnon. Ask for your concerns to be passed on to the Home Secretary as she considers the three American extradition requests.

Once you’ve written your letter, there’s also a petition to Amber Rudd opposing Lauri’s extradition started by supporters, which you can sign and share with those close to you.

As the legal process stretches into 2017, Lauri needs to continue building his legal defence in the US and in the UK, fighting extradition while also preparing for the worst, a multijurisdictional struggle in a system designed to coerce plea deals resulting in prison sentences. Donations to Lauri’s defence fund make a huge difference and you can make yours here.