Michael Caplan QC, an extradition specialist at Kingsley Napley LLP, has said that introducing a forum test into British law could prevent future controversies over extradition cases.
It should be for a British judge to hear all the arguments in favour of domestic prosecution and balance those against the requesting country's application for extradition.
He will have in mind where most of the conduct took place and where the trial should take place in the interests of justice.
A forum test could prevent the delays and controversies we have seen in recent extradition cases.
The Home Secretary has decided to block a request to extradite computer hacker Gary McKinnon to the US on the grounds of his human rights.
Computer hacker Gary McKinnon is due to find out whether the Home Secretary will end his 10-year battle against extradition to the US.