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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Love v The Government of the United States of America & Anor [2018] EWHC 172 (Admin) (05 February 2018) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2018/172.html Cite as: [2018] 2 All ER 911, [2018] Lloyd's Rep FC 217, [2018] WLR 2889, [2018] 1 WLR 2889, [2018] EWHC 172 (Admin), [2018] WLR(D) 66 |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
THE LORD CHIEF JUSTICE
and
THE HONOURABLE MR JUSTICE OUSELEY
____________________
LAURI LOVE | Appellant |
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| - and - |
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| THE GOVERNMENT OF THE UNITED STATES OF AMERICA - and - LIBERTY |
Respondent Interested Party |
____________________
(instructed by KAIM TODNER SOLICITORS LTD) for the Appellant
MR PETER CALDWELL (instructed by CPS EXTRADITION UNIT) for the Respondent
MR ALEX BAILIN QC AND MR AARON WATKINS
(instructed by LIBERTY) for the Interested Party
Hearing dates: 29 and 30 November 2017
____________________
Crown Copyright ©
THE LORD CHIEF JUSTICE AND MR JUSTICE OUSELEY :
Lauri
Love
appeals against the decision of District Judge Tempia, sitting at Westminster Magistrates' Court on 16 September 2016, to send his case to the Secretary of State for the Home Department for her decision whether to order his extradition to the United States of America, under Part 2 of the Extradition Act 2003 ["the 2003 Act"]. The USA is a category 2 territory under that Act. On 14 November 2016, the Home Secretary ordered his extradition.
i) whether the judge was wrong to hold that the forum bar in section 83A of the 2003 Act, introduced by the Crime and Courts Act 2013, did not prevent MrLove's
extradition;
ii) whether his extradition would be unjust or oppressive by reason of his physical or mental condition, and so required his discharge under section 91 of the 2003 Act; and
iii) whether various rights guaranteed by the European Convention of Human Rights ["ECHR"] would be breached, notably article 3, in the light of his health and the conditions he would face in the United States, and article 8 in the light of those factors, his home support and treatment, and the possibility of criminal proceedings being taken against him in the UK for the offences for which his extradition is sought. These are all issues for this Court and not for the Home Secretary. Her decision on the specific issues she had to consider is not challenged.
Love
was at pains to emphasise that Mr
Love
did not seek impunity for the acts alleged against him, but contended that he should be tried and, if convicted, sentenced in the United Kingdom.
The Facts
"8. MrLove
is accused in three indictments that between the period October 2012 to October 2013, he, working with others, made a series of cyber-attacks on the computer networks of private companies and United States Government agencies (including the US Federal Reserve, US Army, US Department of Defence, Missile Defence Agency, NASA, Army Corps of Engineers, Department of Health and Human Services, US Sentencing Commission, FBI Regional Computer Forensics Laboratory, Deltek Inc, Department of Energy, Forte Interactive, Inc) in order to steal and then publicly disseminate confidential information found on the networks, including what is referred to as personally identifiable information ….
10. In most of the attacks it is alleged MrLove
gained unauthorised access by exploiting vulnerabilities in a programme the computers ran known as Adobe ColdFusion; software designed to build and administer websites and databases (the "ColdFusion Attacks"). It is further alleged Mr
Love
also carried out "SQL Injection Attacks" in which unauthorised access was gained to computer databases by manipulating "structured query language", computer programming language designed to retrieve and manage data on computer databases (the "SQL Injection Attacks").
11. Once inside the compromised computer systems, MrLove
and others placed hidden "shells" or "backdoors" within the networks. This allowed them to return and steal the confidential data which included telephone numbers, social security numbers, credit card details and salary information of employees, health care professionals, and service personnel.
12. A confidential source working for the United States Federal Bureau of Investigation (FBI) had access to a restricted online "chat room" used by MrLove
and others from about 2012 to 2013. They had discussions about their hacking activity in the chat room using Internet Relay Chat ("IRC"). This allows multiple users to talk about their activities using typed messages to each other. Various online names were used to disguise their true identities. From this the FBI has identified Mr
Love's
nickname as "nsh", "peace", shift" and "route".
13. MrLove
used IRC to discuss how to "exfiltrate" the stolen data and what could be done with it."
i) New Jersey on 23 October 2013 as superseded in March 2015: one count of conspiracy to access a computer without authority and to obtain information from a US department or agency (5 years maximum), and one count of accessing a computer without authorisation and obtaining information from a US department or agency (5 years maximum);ii) Southern District of New York on 21 February 2014: one count of computer hacking (10 years maximum) and one count of aggravated identity theft (2 years maximum but could be consecutive);
iii) Eastern District of Virginia on 24 July 2014 as superseded in May 2015: one count of conspiracy to damage a protected computer and to commit access device fraud (5 years maximum), six counts of damaging a protected computer (5 years maximum), one count of access device fraud (10 years maximum), and one count of aggravated identity theft (2 years maximum).
Love
was arrested pursuant to a warrant, issued following certification of the three extradition requests, but has been on bail since then. The subsequent proceedings have been treated as if there were a single extradition request.
Love
to the hacking offences. On 25 October 2013, the NCA executed a search warrant at Mr
Love's
parents' house. He lived there with them. This is explained in the witness statement of Mr Brown of the NCA dated 29 March 2016, made in connection with proceedings which related to the return of property taken during the search. One of Mr
Love's
computers was logged on to an online chat room using the nickname "nsh". A preliminary review of some of his computers revealed that some of the data stolen during unauthorised access was on his computers, and these intrusions had been discussed in online chats. Mr
Love
was arrested on suspicion for offences under the Computer Misuse Act 1990, made no comment in interview and was released on bail.
Mr
Love's
circumstances in outline
Love
is a British national who, through his mother, also has Finnish nationality. He will be 33 in December 2017. He has a steady girlfriend but is single. The judge made unchallenged findings about his mental and physical conditions, though Mr Fitzgerald submitted that she had not dealt with important evidence about the effect on Mr
Love
of the regimes to which he would be subject if extradited. We shall come to that point later, but the submissions about the forum bar require the findings about Mr
Love's
mental and physical conditions to be set out first:
"75. It has been accepted by Mr Caldwell on behalf of the Government that MrLove
suffers from Asperger Syndrome (AS) although the nature and degree was challenged. It is clear from Professor Baron-Cohen's evidence, which I accept, that Mr
Love
is high functioning, has the capacity to participate in a trial and give instructions to his lawyers. He does not have AS in combination with learning difficulties, attention deficit and language. His AS is a "very severe disability because it causes him to become so absorbed in his interests that he neglects important areas of his life, such as his studies, and even his health (…)."
76. It is also clear from the evidence, and from seeing MrLove
in court that he is highly intelligent and articulate. Professor Kopelman also comments his "thinking processes are generally excellent (…)."
77. It is not disputed that MrLove
suffers from eczema which he has had since birth, and which is a partly stress-related physical condition exacerbated by his mental health issues (…). I have no doubt this causes him severe problems given the evidence from his GP and Mr
Love's
own vivid evidence of his daily hygiene routines and his constant urge to scratch. It is not disputed he suffers from asthma." (This daily routine including creams, steroids, other medication; and he also saw his GP regularly.)
"78. Dr. Kopelman's reports and oral evidence outlined MrLove's
past psychiatric history and depression, which started in 2004. Mr
Love
also gave evidence about this. I find Mr
Love
has suffered from depression in the past and it has got worse since these proceedings began. However I also find that in the past he has not continued to take medication prescribed that could help him with his depression. Dr. Kopelman also said more could be done for his depression and suggested he saw an expert in AS and a psychiatrist; his symptoms could be managed by taking antidepressants. In his report dated 26 May 2016, he said, "Mr
Love
has proved very reluctant to engage in psychiatric or psychological treatment in the UK" (…).
79. There have not been any incidents of self-harm in the past but I accept MrLove
has experienced suicidal thoughts intermittently, both in the past and now. Mr
Love
denied any suggestion that he had exaggerated his symptoms and his suicide risk which I accept given the medical evidence.
80.I also accept Professor Baron-Cohen and Professor Kopelman's evidence that he would attempt suicide before extradition to the United States. Both are of the opinion he would be at high risk of suicide. I accept Professor Baron-Cohen's oral evidence that MrLove's
intention is not a reflection of a voluntary plan or act but due to his mental health being dependant on him being at home with his parents and not being detained for an indefinite period."
The Forum Bar
"(1) The extradition of a person ("D") to a category 2 territory is barred by reason of forum if the extradition would not be in the interests of justice.
(2) For the purposes of this section, the extradition would not be in the interests of justice if the judge –
(a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and
(b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.
(3) These are the specified matters relating to the interests of justice –
(a) the place where most of the loss or harm resulting from the extradition office occurred or was intended to occur;
(b) the interests of any victims of the extradition offence;
(c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;
(d) were D to be prosecuted in part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence is necessary to prove the offence is or could be made available in the United Kingdom;
(e) any delay that might result from proceeding in one jurisdiction rather than another;
(f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to –
(i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and
(ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;
(g) D's connections with the United Kingdom.
(4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 2 country concerned.
(5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.
(6) In this section "D's relevant activity" means activity which is material to the commission of the extradition offence and is alleged to have been performed by D."
By section 83B(1):
"The judge hearing proceedings under section 83A (the "forum proceedings") must decide that the extradition is not barred by reason of forum if (at a time when the judge has not yet decided the proceedings) the judge receives a prosecutor's certificate relating to the extradition."
The District Judge's assessment
Love's
relevant activity was performed in the United Kingdom, using his computers at home. She then dealt with section 83A(2)(b), the specific and only factors relevant to the next stage of the decision on the interests of justice. At [90], she concluded in respect of section 83(3) (a) that most, if not all, of the loss or harm occurred in the United States; indeed, it appears to us that all the harm occurred there. She then dealt with the other factors as follows:
"(b) the interests of the victims of the extradition offence: The victims are the companies and government departments who had their computers hacked into resulting in millions of dollars' worth of damage. There are also individual victims, those whose personal details were stolen. In this case, the US are of the view that "none of the victims ofLove's
alleged crimes have an interest in this matter being prosecuted in the United Kingdom" (…) . I do not accept Mr Cooper's submissions that the interests of the victims may not be served with a prosecution in the United States given Dr. Kopelman's evidence that Mr
Love
may not be fit to stand trial. That is conjecture at this stage. Dr. Kopelman's exact evidence was any refusal of bail is likely to cause a worsening of Mr
Love's
clinical depression but it was difficult to anticipate if this would affect him and whether he would be fit to stand trial.
(c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence: the Crown Prosecution Service is silent in this case and I agree with Mr Caldwell's submission that the absence of a prosecutor's belief adds nothing to the decision under the interests of justice test and therefore this specified matter is neutral.
(d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence is necessary to prove the offence is or could be made available in the United Kingdom: I agree, as did Mr Caldwell for the Government that, in this digital age, evidence to prove the offence in the United Kingdom is available or could be made available. However, as already stated there are witnesses who will be required to give evidence. One is the anonymous informant. It is unknown at this time whether he would assist in any prosecution in the United Kingdom and he may not be a compellable witness in the United Kingdom. The US Government has said it will call each of the victim organisations, law enforcement officers, forensic evidence and some individual victims whose personal information was stolen. The prosecutor's point out that it would be "substantially difficult to make available to the United Kingdom all of the evidence necessary to prosecuteLove,
particularly the witnesses the United States anticipates calling at trial" (…..).
(e) any delay that might result from proceeding in one jurisdiction rather than another: It was submitted that a prosecution in the United Kingdom was likely to be quicker than in the United States given the involvement of the NCA in the case and they would be at an advanced stage of readiness for trial. The latter suggestion is speculation, because apart from the NCA executing a search warrant at MrLove's
home address and seizing a number of computers, some of which they could access, some they could not. I do not have any other evidence as to any stage of readiness. In contrast, the proceedings in the United States have started, evidence has been obtained in three jurisdictions resulting in three Grand Juries issuing Indictments. The United States prosecutors' statement confirms that Mr
Love
has the right to be tried within 70 days following his first court appearance, unless he waives the same and, if he is tried in three separate districts, the same time limit applies (…). I have also found there is nothing procedurally incorrect in three districts wanting to prosecute Mr
Love.
Mr
Love
could also apply for all his cases to be heard under one jurisdiction (certainly for the conspiracy charges) which would reduce delay (…).
(f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard ("in particular") to – (i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and (ii) the practicability of the evidence of such persons being given in the United Kingdom or in the jurisdictions outside the United Kingdom: There are no co-defendants. There are over twenty witnesses, all of whom are in the United States. The digital evidence could be given in the United Kingdom but the witnesses reside in the United States and as a matter of desirability and practicality it is easier for them to give evidence in the United States.
(g) D's connection with the United Kingdom: Undoubtedly all of MrLove's
connections are in the United Kingdom. He is a single man with no dependants. He is a United Kingdom citizen and lives with his parents. He is studying, teaching and working in the United Kingdom. Mr
Love
has been diagnosed with AS. He also suffers from depression, eczema and asthma. He has the support and stability of his family. The experts agree Mr
Love
would be at a severe risk of suicide if extradited to the United States. In my view the submission that the defendant's connection to the United Kingdom proved decisive in ensuring other United Kingdom hackers were prosecuted in the United Kingdom is not relevant to Mr
Love's
personal connections with the United Kingdom.
91. I accept MrLove's
connections to the United Kingdom include his own personal circumstances, his health and his support network, and not merely his connection to the State, as submitted by Mr Caldwell. Some of the evidence in this case is transportable but, in my assessment, those factors do not outweigh the facts that the conducted occurred in the United States, all the victims are in the United States, their interests are best served with the case being heard in the United States and any delay is not known because I do not have any evidence as to how far any investigation has taken in the United Kingdom. What I do know is that evidence has been produced by the United States resulting in three Indictments being issued by three Grand Juries."
The parties' contentions on Forum Bar
Love's
connections to the United Kingdom as the most weighty and decisive factor, having correctly rejected Mr Caldwell's narrow approach; these connections included his mental disorder, the "overwhelming reasons of justice and humanity", "the compelling reasons of policy and justice why conduct committed here by a British citizen should be punished in accordance with our own values and our own standards of proportionality in sentencing."
Love
for these alleged offences was not merely neutral but favoured barring extradition. There were inadequate reasons for the CPS ceding priority to the United States; this was a point rather more pursued by Liberty, as intervener.
Love,
though presently fit to be tried, would become unfit by the time of trial, or of the first trial, in the USA. This court had further evidence on that point, relevant also to the human rights grounds.
Our assessment
"43. However, if this court concludes that the DJ has not erred in any one of those respects I have just identified, but simply took the view that it would give a different weight to a particular specified matter from that given to it by the judge below, I very much doubt that this court could therefore conclude that the appropriate judge ought to have decided the Forum Bar question before him in the extradition hearing differently: see section 104(3)(a) of the EA. It is possible, but in my judgement, in practice, very unlikely."
Application to this case
Love
being tried, and tried at the least inconvenience to themselves. The latter point overlaps with (d) and (e), but there is likely to be a greater degree of inconvenience to individual witnesses in a trial in the United Kingdom, either through travelling here or in scheduling video link appearances in a different time zone. There may be an interest in those who are victims of crime having the case tried according to their own local laws and procedures and, if there is a conviction, punishment following according to the values of their own legal system. But their interest in having a trial at all is the more important. The judge rejected Mr Cooper's submission on behalf of Mr
Love
that their interest might very well not be served by extradition, because of the risk that Mr
Love
might not be fit to stand trial in the United States. (The argument was not put on the basis that he might commit suicide beforehand, which is clearly not in any one's interest). She rejected the submission because she saw the risk of unfitness to stand trial as based on conjecture by Professor Kopelman, an Emeritus Professor of Neuropsychiatry.
Love's
conditions is set out more fully when we deal with oppression. But Professor Kopelman concluded in his second report, after dealing with the various problems which Mr
Love
would face in custody in the United States:
"His ability to cope with the proceedings in the trial, to make rational decisions, and to give evidence in a satisfactory manner would be severely compromised."
Love
were remanded in custody. Whilst that is not certain, it is more than a conjectural risk. The judge's remaining comments on the evidence do not reflect the report and we find it difficult to accept that Professor Kopelman watered down the clear position set out in his report to the extent identified by the judge. We have read the notes of his evidence produced by a trainee solicitor on behalf of Mr
Love.
Professor Kopelman clearly stated that there was a real risk that, if remanded in custody, Mr
Love
would become unfit to plead. The risk depended on whether his depression worsened, if he became psychotic, if his asthma and eczema worsened and in turn worsened his mood. Yet, in our view, it is clear from the rest of his evidence that severely worsening depression, with the possible onset of psychotic imagery was exactly what Professor Kopelman anticipated. In cross-examination, the challenge related only to the possible onset of psychosis as speculative, to which the Professor responded that in view of Mr
Love's
history of delusional and paranoid thoughts, the possibility was a "reasonable projection."
Love's
mental state. One passage deals with the question of fitness to plead. This is what he said about fitness to stand trial:
"In the light of MrLove's
current mental state, I continue to believe that there is a very high risk that Mr
Love
would not be fit to stand trial in the United States of America. As described in my report of 26 May 2016, there are multiple risks that would be associated with Mr
Love's
extradition to the United States, his incarceration in a United States facility, and his standing trial there. There would be a severe deterioration in both his physical and his mental state. His eczema, his asthma, gastrointestinal symptoms, and palpitations, would certainly become far worse, and he might lose his hair again (alopecia), thereby causing further deterioration in his mental state. Mr
Love
would not be able to cope with separation from his family and friends, nor would he cope with the likely isolation in a United States facility. His depression would become far worse, and he would be very likely to develop psychotic symptoms (as he has during past severe depressions). His suicide risk would become very high as a result of the exacerbation of his clinical depression and a deterioration in his physical health. In such circumstances, Mr
Love's
ability to concentrate and sustain attention would, in consequence, be severely affected. His ability to cope with the proceedings in the trial, to make rational decisions, and to give evidence in a satisfactory manner, would be severely compromised in such circumstances. In brief, it this were to occur, he would no longer be fit to plead or to stand trial in the United States."
Love
could not cope with trial proceedings were far from speculative.
Love.
The prosecutor is given two opportunities to affect the forum bar decision. First, it can certify under section 83B that it has decided formally that D should not be prosecuted in the United Kingdom, for certain specific reasons; if it does so certify, the forum bar cannot apply. There was no certificate here nor did the prosecutor seek an adjournment in order to consider issuing one. Secondly, it can express a belief that the United Kingdom is not the most appropriate jurisdiction in which to prosecute D for the conduct constituting the extradition offence. It expressed no such belief. In view of the fact that the CPS did not express any view adverse to the prosecution of Mr
Love
in the United Kingdom on any of the grounds potentially available to it, this silence is a factor which tells in favour of the forum bar, though it may readily be outweighed by other factors. A positive expression of view, one way or the other, is of much more weight.
Love's
very experienced extradition solicitors, which explained that its decision to give priority to United States proceedings was taken on 17 June 2014, and why. The letter invited Kaim Todner to be in contact if they had any further questions, an invitation not taken up. Mr
Love's
legal team had decided not to use this letter before the judge, as a matter of their perfectly reasonable judgement. It is not admissible before us on the issue of what the prosecutor believed, because it could have been used before the judge. Moreover, it contained an informal expression of views, and one not directed to the issue raised by the statute. It could carry no weight. The 2003 Act enables the formal and reasoned views of the prosecutor to be given to the court, and that is how they should be given. If there are no such views, cobbling things together is no substitute. If they express no such views, it is likely to be a factor favouring the operation of the bar.
Love
that prosecutorial practice in other hacking cases was somehow relevant to how Mr
Love's
connections should be seen.
Conclusion on the forum bar
Love
would be unfit to plead, and (b) the significance of the absence of a prosecutor's view. By themselves, they would not have persuaded us that she was wrong in the conclusion that she reached. But additionally, in our view she significantly underplayed the weight that should be attached to her conclusion that the prosecution could realistically proceed in the United Kingdom, albeit rather less conveniently for the prosecution. The location where the harm occurred was rightly given very great weight, as too were the interests of victims, subject to what we have said about fitness to plead.
Love's
connection to the United Kingdom. By itself, the fact that he is a British national, long resident here, with a girlfriend, and engaged in studies, would not have persuaded us that the decision was wrong. But there is a particular strength in the connection to his family and home circumstances provided by the nature of his medical conditions and the care and treatment they need. This is not just or even primarily the medical treatment he receives, but the stability and care which his parents provide. That could not be provided abroad. His entire well-being is bound up with the presence of his parents. This may now have been enhanced by the support of his girlfriend. The significance of the breaking of those connections, as we come to next, demonstrates their strength.
Love's
extradition to the United States.
Liberty's submissions on the forum bar
i) no domestic prosecutor involvement;ii) a decision to charge the offences domestically;
iii) a decision that England and Wales is not the most appropriate jurisdiction but somewhere else is; and
iv) a decision to issue a prosecutor's certificate.
In the third scenario, the decision should be recorded, and the court should be told of that decision if forum is raised, with the possibility of seeking an adjournment. Otherwise, where forum is raised by a requested person, duties of enquiry and assistance are adumbrated.
"53. The nature of this belief and its basis could also be given in the form of instructions to counsel for the category 2 requesting state (or indeed the category 1 requesting state). It is ultimately for the judge to decide on the weight to give to this factor. If the material about the belief and the basis for it is sound, then doubtless this will weigh heavily with the appropriate judge. If the material appears to be flimsy, or ill-considered or even irrational (or perhaps even given in bad faith), it will have little or no weight at all. The mere say-so of a prosecutor about his belief, which is not supported by reasons, will carry little or no weight and the judge will be entitled to dismiss this as a factor seriously."
He concluded that little weight was to be attached to the unreasoned expression of belief. That court also gave preliminary guidance at [58] on future practice in relation to expressions of belief, part of which Mr Bailin relied on:
"First it is for the requested person to identify "Forum Bar" as an issue that is to be raised in the extradition hearing before the DJ. Secondly, if the requesting state wishes to adduce material as to the "belief" of the UK prosecutor, then that should be done in a document, something akin to a "decision letter", that is so well-known in immigration proceedings. In that document, the reasons for the belief should be given; and the "prosecutor" who has the belief should be identified in the document."
Oppression
The judge's assessment
"A high threshold has to be reached to satisfy the court that MrLove's
mental condition is such that it would be unjust or oppressive to extradite him. As I have already found (para 79 – 81 above) I am satisfied that there is substantial risk Mr
Love
will commit suicide. The evidence of Professor Baron-Cohen and Professor Kopelman is clear; Mr
Love's
mental condition is such that it removes his capacity to resist the impulse to commit suicide. There will be a high risk he will commit suicide if extradited. This will be prior to removal, in transit and on arrival in the United States. Professor Baron-Cohen warns that to dismiss this would be "a fantasy" (para 28 above). The key issue then is what measures are in place to prevent any attempt at suicide being successful. In the United Kingdom that risk would be lessened if Mr
Love
were on bail with his parents. If in custody I have heard of the holistic approach of the United Kingdom prison system from the Reverend
Love."
The United States Marshals Service would be responsible for transporting Mr
Love
to the United States. She concluded on their evidence that safeguards were in place which would ensure that Mr
Love
did not commit suicide in transit, or transfer to the place where he would be detained pending any bail decision, and pending trial were he remanded in custody. Once in America, she was satisfied that the preventative measures in place would be effective in preventing suicide; she drew on the evidence of Dr Kucharski that no one committed suicide on suicide watch. She accepted the evidence of Dr Lyn that he would receive dedicated mental and physical health care. Assurances from the United States authorities as to his care were not necessary.
Submissions of the parties
Love;
(2) to the extent that suicide was prevented by Mr
Love
being placed on suicide watch, the conditions in which he would be held on suicide watch, or in segregation, would lead to a serious and permanent deterioration in his mental health, which was also related to his physical health; (3) if he were in the general prison population, in which he would be a very vulnerable prisoner because of his mental health with Asperger's, depression and severe eczema, he would be able to commit suicide, which was a very high risk; (4) if in segregation but not on suicide watch, the same high risk would apply; (5) there was too much of a contrast between the bland statements of policy and intent, which the judge had accepted, and the practical reality of conditions and medical treatment in the United States prisons to which Mr
Love
would go pending trial or after conviction.
Love's
medical circumstances. His father, a prison chaplain, gave measured evidence. He had described his son as an exceptionally gifted child, who had gone downhill at the age of 13. His behaviour deteriorated, he became distracted, "he and the real world just did not connect." By 16, he had hacked into computers, and knew more about computers than his teachers. To keep his dual Finnish-British nationality, he did military service in Finland. He simply could not manage, and came home in 2004 suffering from "terrible depression." In 2005, at Nottingham University, he became depressed, and came home "in a terrible state", "a physical and mental wreck." In 2006, he was referred to local mental health services for treatment. He is being treated at the moment. In 2008, he went to Glasgow University, but his second year did not go well, and in his third year he was "sucked into a world of protest about this or that cause", as his father put it. He developed throat abscesses, shingles and scarlet fever. He came home to live with his parents in 2012. For the last few years, the prospect of Mr
Love
killing himself has always been at the forefront of his parents' minds, and they have rushed him on occasions to the doctors when they thought he had suicidal thoughts.
"He is a nightmare to live with. It is like living with a continuous explosion the way he is. It is like he is caged up and caught up in world that he does not fit into. His eczema is still very bad and causes him huge problems.Lauri
struggles with what is possible or real. He is very principled. His whole attitude is that the world is wrong and "I am going to fix it". He has no malice in him but he has no regard for the consequences of his actions. He just has an element of not seeing things in the right way."
He continued:
"I don't think that he could live anywhere other than being at home with us so that we can take care of him. The only thing that keepsLauri
from killing himself is me and my wife and having him at home with us. He has told me very clearly that he would kill himself if there was an Order for Extradition. I genuinely believe he means it. It is not a threat; it is a statement of fact which I believe."
Love,
before his arrest, was on the computer day and night. "He cannot function without us." His despair "began to grip him deeper and deeper." His eczema led to daily scratching so hard that he drew blood, and he said on more than one occasion that "he could kill himself." Only his parents' support prevented it. His father thought that they were the only ones who could cope with Mr
Love.
Love
has very bad asthma, and his severe childhood eczema, treated with medication, really came back when he was in Glasgow, and went downhill physically and mentally. This all affected his social confidence.
"Judging by all thatLauri
has said to me about his intentions, I believe that he will take his own life. Now you may think that I say that just as a father, but I wish to emphasise that if I were dealing with someone like
Lauri
in a professional capacity, in a prison, I have no doubt I would arrive at the conclusion that he is a very high suicide risk."
Love
would not commit suicide to make his parents feel guilty, but because despair would grip him deeper. But the Rev.
Love
hoped that in prison in England he would "get through it." Although he deteriorated whenever he was away from his parents, they could help him through any criminal prosecution, and he could live with them, if bailed, pending trial. If sent to prison in England they would be available to help him cope. His experience as a prison chaplain led him to believe that the system of interaction and communication with vulnerable prisoners through a multidisciplinary team was "excellent". The possibility of bringing in the prisoner's family was crucial.
Love's
eczema was exacerbated by emotional anxiety, and had worsened over the months leading to the extradition hearing. His mental health had also deteriorated.
Love's
mental and physical condition. His eczema requires seven different medications, and the sores sometimes need antibiotics, long baths are soothing. He is usually extremely withdrawn and reluctant to socialise. He has been suspended from his studies, in electrical engineering, at the University of Suffolk until January 2018 because of the extradition proceedings. This led to him spending even more time on the laptop, and on social media, obsessively and indiscriminately. He is on medication for depression which appears to have little effect. His sleep pattern, often insomniac, is irregular. He now has a girl friend who supported him, staying at the house a lot.
Love's
own evidence about his history, depression, breakdown at Glasgow where he spent months, homeless living in a tent in the park, and his eczema. It led to skin infections and to his skin falling off. The pain caused him stress which exacerbated the inflammation. She said this, largely quoting from Mr
Love
on the interaction between his eczema and depression:
"He is unable to resist the need to scratch, "every day I try my utmost to tear apart the skin in my body. Every day I fail to control this urge. If sent to the United States of America those conditions, urges to die would be stronger than my urge to scratch every day. My degree of control is already impaired because of these proceedings. The urge, the despair, feeling of helplessness will result in my ending my life"."
Love
said that his skin condition severely affected all aspects of his life; it made him self-conscious of his appearance, and that made it hard to engage in social activities, It was "agonisingly painful", and made it difficult to sleep "because of a constant burning and itching all over" his body.
Love
worked as a volunteer teaching assistant at the University of Suffolk, and also worked during weekends at Hacker House, a body which aims at "ethical hacking", where he advises on computer security systems. He explained that the internet was such an important part of his life, in constant use: "It would be devastating if I could not access it anymore."
Evidence of the medical impact of extradition
Professor Baron-Cohen
Love's
Asperger Syndrome. It did not come with learning disabilities, attention deficit or language difficulties; Mr
Love
was "high functioning." However, his Asperger Syndrome "is a very severe disability" causing him to become so absorbed in his interest that he neglects other areas of life, including his health, to the point that he becomes physically unwell. The realisation that others did not share his total commitment to any given current obsession led to severe depression, along with difficulties in social relationships.
Love
talked openly about feeling suicidal "triggered by the threat of extradition"; the risk of suicide was "very high". He had said that he would commit suicide rather than be extradited, and was very clear about that. "The risk would be present both whilst he is in the UK, should extradition be enforced; and/or whilst in transit and/or in the US in prison." Prison would be "entirely the wrong place for a man with his disabilities and vulnerable mental health…because he would not cope socially, and his previously very severe depression would be highly likely to recur."
Love
was however capable of effective participation in a trial, though reasonable modifications to the usual processes might be required.
Love
said that he had them 50 times a day; it was his preferred alternative to extradition which would be "the end of existence." When pressed, he appeared to have a concrete method of committing suicide in mind, so that the United States could not "control my destiny", but rather it would be in his own hands. Mr
Love
"has clinical levels of severe anxiety and depression, and is at very high suicidal risk, all of which are directly attributable to his fear of extradition." His eczema "is a partly stress-related physical condition in that it is exacerbated by his current mental health issues." His depression would worsen were he extradited, and his depression and suicide risk would worsen if imprisoned in America. "He is a very vulnerable young man with a very high risk of suicide, and remains of the belief that he would prefer to die at his own hand than to go to an American prison."
Love
seeking regular psychiatric help, so he would not receive treatment for clinical depression until it reached "crisis/suicidal" level. He would be unlikely to be allowed to see a private physician, who could be better qualified to help. Mentally ill inmates were often put in solitary confinement where they cannot access mental health services, with especially negative consequences for Mr
Love.
Love
would commit suicide at the point he was to be handed over for extradition, and before he was in the hands of the US Marshals Service. Mr
Love,
highly intelligent as he was, had anticipated security measures and had found ways to evade them, and would find ways to evade the BOP protocols.
Love.
His issues would include not being able to share a cell, sensory hyper-sensitivity, difficulties adjusting to unexpected change, risk of being bullied and obsessive interests. He needed to be in an environment which understood Asperger Syndrome. "Depression in someone with Asperger Syndrome is very different from depression in someone without Asperger Syndrome." His unique combination of mental and physical conditions "makes him much more high-risk than prisoners who only suffer from one of these conditions." Professor Baron-Cohen also expressed concern about the effect of overcrowding and staff shortages reducing Mr
Love's
ability to access mental health services. There was a real risk that the BOP's suicide prevention programme would not be adequate to prevent suicide by someone with Mr
Love's
intellect and who had declared his suicidal intent as clearly as had Mr
Love,
and if suicide were prevented, the means of doing so would exacerbate his mental illnesses.
Love's
expression of suicidal intent was not a reflection of a voluntary plan as he did not want to die, but his mental health was so dependant on being at home with his parents and not being detained for an indefinite period, that he could not impose restraint on himself to stop his suicide. The judge accepted this evidence. The Professor agreed that he had changed his mind about the care in the United States for prisoners with mental health issues in the light of a report by Dr Kucharski on the realities of the availability of such care.
Professor Kopelman
Love's
depression had become less severe but was still moderately severe. Mr
Love
told him that he was less likely to commit suicide in the United Kingdom in prison than in America, because he anticipated that any sentence would be less severe. Professor Kopelman was of the opinion that there would be a high risk of a suicide attempt were Mr
Love
to face extradition at the end of these proceedings, during transition to the United States and on arrival there. If he were remanded in custody pending trial and was sent to prison on conviction,
"his mood state certainly would plummet further, resulting in severe clinical depression, and exacerbation of his eczema and asthma, and a very definite increase in suicide risk (from 'high' to 'very high')."
Love
was currently fit to be tried in the England but it was more difficult to anticipate the situation in America, because he expected a "severe worsening of Mr
Love's
clinical depression" there. Remand in custody in the United States, causing a severe worsening of his depression, could affect his fitness to be tried, but would certainly affect his ability to give evidence in a satisfactory manner. Extradition itself would result in very severe psychological suffering profound mental deterioration and a very much increased suicidal risk.
Love
had told him that suicidal ideas were likely to become "overwhelming" if extradition became imminent when he would become actively suicidal. He had "no intention of being kidnapped". What Mr
Love
had read about American suicide prevention conditions would, he thought, make him even more suicidal, forcing him to pretend that he was not suicidal when he still was.
Love's
consultant dermatologist, who had said that the eczema was a chronic condition often exacerbated by stress and anxiety, to point out that there was a two-way interaction whereby severe eczema worsened Mr
Love's
mental state and stress worsened the eczema. He also took his medication more erratically when severely stressed.
Love
feeling extremely isolated in the absence of an internet connection and undoubtedly would have a severe adverse effect on his mental state. Social isolation was known to precipitate psychotic experiences, including psychotic depression, and increase suicidal ideas. A severe deterioration in clinical depression, a likely recurrence of psychotic ideas, a severe deterioration in his physical health with an exacerbation of eczema and asthma, should be anticipated in such circumstances. Suicidal risk would increase to 'very high' in consequence, exacerbating rather than reducing the risk of suicide. His mental condition would remove his mental capacity to resist the impulse to commit suicide. His ability to cope with the trial would be severely compromised.
Love's
Asperger Syndrome made his social interaction very difficult, and his clinical depression would greatly exacerbate it. He would suffer from being removed from his family and support network and would need to access appropriate psychiatric care. The evidence Professor Kopelman had seen did not reassure him. Mr
Love
was already reluctant to engage with supporting psychiatric or psychological treatment in the United Kingdom, and in prison or under coercion, Mr
Love
would be unwilling or unable to seek treatment, particularly because of his Asperger Syndrome.
Love's
mental state. Mr
Love
now had a quite serious relationship with a student girlfriend. His eczema fluctuated but was manageable. He had been particularly depressed at the beginning of 2017 when he feared that he might be extradited at any time. Not for the first time, he had experienced "a vocalisation of thoughts telling him to kill himself." He was taking his anti-depressant medication regularly. Professor Kopelman assessed him as being currently severely depressed. Were he extradited, Mr
Love
feared "being below the red line in terms of what is the point of living". He feels this whenever he experiences setbacks, which is a prelude to "frank suicidal ideas and plans." Although he worried about the effect which his suicide would have on his grieving parents and girlfriend, this barrier would be removed were he extradited, and Mr
Love
regarded it as highly likely that he would commit suicide, and it "would be vital to prevent… by any means necessary" his being taken into custody and placed on a plane for America. He could face the prospect of a trial in England, with his family nearby and could survive a "short" sentence in a British prison.
Evidence from the United States on conditions
Love,
were he to be extradited, once responsibility for him had passed to their hands. This was important evidence. The judge accepted it with the result that the risks to Mr
Love
which, as we read her judgment, would otherwise have precluded his extradition, would be sufficiently diminished.
Love
would be restrained and escorted by Marshals, who would observe him within close proximity during the flight, having checked him for anything he might be able to use to harm himself. Someone from the Operational Medical Support Unit would be in attendance if necessary. He or she could dispense and administer prescription medicines, and would have additional paramedic skills. The Marshals Service would maintain custody of Mr
Love
until his initial district court appearance or, if not released, until delivery to the pre-trial detention facility. The Marshals Service routinely transported prisoners with mental or physical health problems. This evidence persuaded the judge that any risk of suicide in transit could be ameliorated.
Love
would be detained, if remanded in custody pending trial. Were he prosecuted in the Southern District of New York, he would be detained at a BOP facility, either the Metropolitan Detention Center ("MDC") in Brooklyn, or in the Metropolitan Correctional Center ("MCC") in New York. The likely places of detention in relation to custody in the other two Federal Districts where Mr
Love
was indicted were also identified. At his initial intake in court cells, non-medical staff would complete a special notice if he had a medical condition, including suicidal ideation, or any serious mental illness. This alert would be provided to the prison. At the prison, he would be screened by correctional and health care personnel, followed by a full medical and mental appraisal by a licensed health care provider who could be a nurse or a physician. Urgent or chronic health concerns would be further evaluated and addressed inside the prison or through referral to outside specialists. Psychiatric medication management was often dealt with in the prison or by consulting psychiatrists, particularly in severe cases. Emergency care could be sought at a local hospital. Requests by prison healthcare providers for non-urgent medical care were evaluated by medical staff of the Marshals Service. They would decide what is medically necessary. Were Mr
Love
detained in a non-BOP facility, their suicide prevention programs included risk assessment, suicide watch in the medical department or a special housing unit with 24 hour continued observation as required. Prisoners there wear a suicide smock and have a tear resistant blanket. Psychiatrists and licensed clinical social workers specifically trained in mental health needs are either directly available or through local arrangements. Mr Wolf believed that any of the pre-trial facilities were capable of providing adequate medical care for Mr
Love.
Love
would be screened. It was not unusual for BOP to receive inmates with mental illnesses and to treat them. It had over 600 doctoral level psychologists and over 600 mental health specialists, a wide variety of therapies and standard medications. It could provide appropriate treatment for asthma and eczema. The BOP housed inmates with Asperger Syndrome. Mr
Love
would be assisted to adjust to incarceration. He would be assigned a Correctional Counsellor, Case Manager and Unit Manager, and a variety of Psychology Service programs was available. They include programmes to address deficits in social skills in a specific unit, a "modified therapeutic community." BOP also had a "Suicide Prevention Protocol" and "Program Statement" to identify and manage suicidal inmates, involving supervision or suicide watch, where they would have a tear-resistant gown and blanket. Counselling was available for those at risk of suicide. Private physicians were not permitted, unless they were treating the inmate before incarceration, and permission to be treated by a specific physician would be infrequent. Conditions of confinement could be challenged in court. Overall, Mr
Love's
needs could be provided for.
Dr Kucharski
Love
would be sent. He gave oral evidence in the course of which he gave an answer on which the judge put considerable weight: "no one commits suicide on suicide watch," finding at [98] that the "preventative measures in place in the United States are effective in preventing suicide."
Love
should go to a medical centre which provided inpatient psychiatric services. The BOP might accept that recommendation, but thereafter he could be transferred at any time to a non-medical facility if BOP thought hospitalisation unnecessary. If an inpatient, Mr
Love
would be likely to be one of 1000 or more inmates in one of four medical facilities, and most of those beds were not available for sentenced inmates to receive medical care. There were therefore significant resource constraints on the delivery of inpatient mental care facilities for sentenced inmates. Mr
Love
was unlikely to be transferred to one of them. Programmes for low functioning inmates were irrelevant to Mr
Love's
needs. Dr Kucharski was not aware of any BOP program specially designed for those with Asperger Syndrome. BOP facilities were seriously over-crowded, straining the medical resources further, and increasing the stress on inmates.
Love's
dermatological consultant, to conclude that, complex and difficult as Mr
Love's
various conditions were to treat in the community, they would be even more difficult to treat in prison, with serious adverse consequences. The stress of incarceration would significantly worsen his eczema. His physical symptoms would lead to agitation, which would be poorly tolerated by prison authorities and would be likely to lead to his spending significant time in segregation. Time on suicide watch or on segregation would be time spent in isolation. He added in his oral evidence that suicide watch was a device to prevent suicide and not a form of treatment. Treatment would be minimal, but the international nature of the case and its notoriety would add significant pressure to keeping Mr
Love
on suicide watch. He would place Mr
Love
on suicide watch immediately on arrival at MCC/MDC. This in turn would be likely to exacerbate his depression and substantially increase the risk of suicide. Dr Kucharski concluded:
"I would be very cautious given MrLove's
history, his intellectual capacity and his high profile ordering him released from suicide watch. This is likely to have a significant adverse effect on his psychological wellbeing further compounding the depression and risk of suicide."
Inmates, intent on committing suicide, could do so by not being forthcoming about their suicidal intent. His oral evidence, as noted by Mr
Love's
trainee solicitor, included the observation that the harm for anyone in segregation or isolation, was magnified for those with psychiatric disorders.
Love
would be prosecuted in three different districts, which would mean transfer from Oklahoma, where inmates usually arrive, to at least three different BOP facilities which might not appreciate equally Mr
Love's
suicide risk. Dr Kucharski had experience of transit itself causing those restored to competency to stand trial, then to lose that competence because their medication had not been available.
Love
remained uncertain, and facilities for thoughtful trials of medication were limited. The BOP chronic care model for conditions such as asthma was likely to have difficulty treating Mr
Love
successfully because it was complicated by stress which incarceration would exacerbate. The combination of special expertise with Asperger Syndrome and intensive cognitive behaviour therapy with dermatology treatment was not available at MCC or MDC or post-sentence facilities on a regular basis. The BOP did not provide the level of comprehensive care needed.
"The failure to provide MrLove
with comprehensive mental health and medical care, in the context of the enhanced stress of incarceration and removal of his social support system, will likely result in a deterioration of his psychological condition and significantly increase the risk of suicide."
Other evidence
Love
was unlikely to be considered ill enough to be housed in a specialised unit. Even low security prisons, where on a ten year sentence Mr
Love
was most likely to be placed, were overcrowded with all that entailed, including limitations on medical care, recreational activities leading to frustration and violence.
Love's
United States lawyer, gave some evidence to the same effect, which was also not referred to by the judge, on the topic of prison conditions but it is markedly less persuasive. Joshua Dratel, another United States criminal defence attorney of 30 years' experience, gave evidence which covered, among other matters, treatment in prison which the judge did refer to. But it does not add to what has been set out above.
Love
would be likely to experience in either MDC or MCC. We admit this evidence in the light of the witness statement from Kaim Todner on when the information came to light and could be obtained for presentation usefully to a court. It is also relevant to have up to date information for the purposes of reaching a judgment on whether extradition would be oppressive by reason of physical and mental condition. The two items of primary note were first a report of a Federal Magistrate describing conditions for female defendants at MDC as "unconscionable" because of the absence of sunlight, fresh air, air conditioning in the heat, outdoor exercise, and receiving very poor food and medical treatment. The women's prison is on an upper floor in the same building which houses male prisoners at MDC. Second, there was a report of a visit in June 2016 by the National Association of Women Judges to the MDC that made the same points. It noted that the BOP then said that it could [not] find physicians willing to work in a New York prison. Conditions had been "unconscionable" for three years.
Love
would be likely to be detained in New Jersey and Virginia operated their Special Housing Units. Mr Pecoraio, of the External Auditing Branch of the BOP, also gave evidence in reply to Mr
Love's
further evidence, dealing with the OIG report. He said that "substantial steps to comply with each OIG's recommendations" had already been taken, which he set out. BOP was "working diligently to hire and retain mental health staff" where there were insufficient.
Evidence about the likely prosecutions
Love
had occurred in three separate jurisdictions, leading to three separate investigations. She also rightly accepted the good faith of the prosecutors in the light of some unwarranted and unevidenced allegations by Mr Dratel, about why three prosecutions were being brought. In certain circumstances, were Mr
Love
to plead guilty to the charges and waive trial in each district where he had not yet been convicted, and the United States attorneys in those districts consented, the matters could all be dealt with by a single judge, but not otherwise. The evidence she accepted also showed that substantive offences had to be tried in the district where those crimes occurred. Mr
Love
could waive venue, but for there to be one trial, each of the three courts would have to agree that neither side would be prejudiced. The outcome of any joinder request was difficult to predict.
Love
could expect following convictions. The judge accepted that the relevant Sentencing Guidelines permitted departures from the range to which mental health could be relevant, but Mr
Love
could also receive enhancements to his sentence under them. The Guidelines advised concurrent sentences, albeit that the different courts could impose consecutive sentences, and that it was possible for one court to sentence for all matters. However, she accepted that the United States sentencing regime for these offences was "certainly harsher" than in England and Wales. The judge did not come to a particular conclusion on the likely level of sentencing, but concluded more generally that the United States sentencing regime was not disproportionate. We agree with that judgment. But some view on the likely range is necessary for deciding the issue of oppression. Mr Fitzgerald submitted that it would be realistic to expect a sentence in America of the order of 10 years, which we accept as a realistic estimate on all the evidence which we have seen, and one which respects the conclusions of the judge.
Love
might be transferred or under what conditions. The possibility of transfer did not play any explicit part in her decisions. It is not necessary for us to decide whether Mr
Love
would be successful in any transfer request. The reality is that he might or might not be. Nor is it is possible to determine when, hypothetically, it might occur or subject to what conditions, a wide variety of which (including restitution) might be imposed.
Conclusion on oppression
Love's
extradition would be oppressive by reason of his physical and mental condition. In this difficult case, and in the course of an impressive judgment, we conclude that the judge did not grapple with an important issue. She accepted the ability of the BOP to protect Mr
Love
from suicide, on the basis of Dr Kucharski's comment that "no one commits suicide on suicide watch". It was implicit that measures could be taken in America which would prevent Mr
Love
committing suicide even though he might be determined to do so and have the intellect to circumvent most preventative measures. The important issue which flows from that conclusion is the question whether those measures would themselves be likely to have a seriously adverse effect on his very vulnerable and unstable mental and physical wellbeing? We consider that they would, both on the evidence before the judge, and on the further evidence we have received.
Love
was not worthy of any real weight, which is what the judge does appear to have decided. We, however, judge that the evidence as to conditions and treatment in practice is rather weightier than she did, and that, in Mr
Love's
rather particular circumstances, what is likely to happen in practice has to be given decisive weight. Dr Kucharski's evidence was particularly important in view of his experience.
Love
would probably be determined to commit suicide, here or in America. If the judge is right in concluding that the high risk of suicide can be prevented, notwithstanding Mr
Love's
determination, planning and intelligence, about which we have real doubts, on her findings it is only because of the evidence that no one has committed suicide on suicide watch in the care of the BOP. Yet one stratagem identified by Professor Kopelman and Dr Kucharski was that Mr
Love
would present himself as no longer suicidal for sufficiently long to be removed from suicide watch, precisely so that he could then commit suicide.
Love
not to be in segregation, his Asperger Syndrome and physical conditions would make him very vulnerable. He would be a likely target for bullying and intimidation by other prisoners. The response by the authorities would be segregation for his own protection, which would bring in all the problems of isolation to which we have already referred. He would have no support network available in prison in the United States. There is no basis upon which we could conclude that the severity of the problems would be brought swiftly to an end by early transfer to the United Kingdom.
Love
already experiences severe depression at times. It is very difficult to envisage that his mental state after ten years in and out of segregation would not be gravely worsened, should he not commit suicide. Professor Kopelman's evidence was that he would be at a permanent risk of suicide.
Love.
His appeal is allowed on that ground as well.
Articles 3 and 8 ECHR
Conclusion
Love
in England for the offences alleged against him. Far from it. If the forum bar is to operate as intended, where it prevents extradition, the other side of the coin is that prosecution in this country rather than impunity should then follow, as Mr Fitzgerald fully accepted. Much of Mr
Love's
argument was based on the contention that this is indeed where he should be prosecuted.
Love from what he would face in the United States. The support of his family, in particular, would mean that he would be at far lower a risk of suicide in consequence. On the evidence we have seen, his mental and physical condition would survive imprisonment without such significant deterioration, though it would undoubtedly be more problematic for him than for many prisoners.