Julian Assange wins High Court bid to bring appeal against extradition to US
Julian Assange will be allowed to appeal against his extradition to the United States.
Two judges responded today to US assurances that Mr Assange will not face the death penalty – and can rely on the First Amendment right to free speech if he faced a trial for spying.
The WikiLeaks founder faces prosecution in the US over an alleged conspiracy to obtain and disclose national defence information after the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
WikiLeaks founder Julian Assange on the balcony of the Ecuadorian Embassy in London in 2017. Pic: Reuters
WikiLeaks founder Julian Assange in a police van after being arrested in London in 2019. Pic: Reuters
Edward Fitzgerald KC, representing Assange, criticised the assurances of Joe Biden’s US administration at the hearing. He said: “Based on the principle of the separation of powers, the US court can and will apply US law, whatever the executive may say or do.”
He added most of the promises were “blatantly inadequate” – but they had accepted the promise about the death penalty.
In written submissions, the barrister said while the assurance over the death penalty was “an unambiguous executive promise”, the other assurance does not give “any reliable promise as to future action”.
The barrister added: “What needs to be conclusively removed is the risk that he will be prevented from relying on the first amendment on grounds of nationality.”
But James Lewis KC, representing the US government, insisted the “judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations”.
In written submissions, he said there is “no question” that Assange, if extradited, “will be entitled to the full panoply of due process trial rights, including the right to raise, and seek to rely upon, the first amendment as a defence”.
He later told the court: “The assurance does make it clear that he will not be discriminated against because of his nationality.
“He can and will be able to raise all those arguments and his nationality will not prejudice a fair trial.”
Today’s decision is the latest chapter in 13 years of legal battles and detentions for Australian-born Mr Assange.
Supporters of Mr Assange have been gathering outside the High Court. Pic: Reuters
Pic: Reuters
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The US authorities want to put Mr Assange on trial over 18 charges, nearly all under the Espionage Act.
They claim his actions with WikiLeaks were reckless, damaged national security, and endangered the lives of agents.
During a two-day hearing in February, lawyers for Mr Assange asked for permission to challenge a judge’s dismissal of the majority of his case to prevent his extradition.
In March, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Mr Assange’s legal arguments – but said unless assurances were given by the US, he would be able to bring an appeal on three grounds.
These assurances are that Assange would be protected by and allowed to rely on the First Amendment – which protects freedom of speech in the US – that he is not “prejudiced at trial” due to his nationality, and that the death penalty is not imposed.
Pic: Reuters
Pic: Reuters
Supporters of Mr Assange have already been gathering outside the High Court to continue their calls for his release.
Mr Assange is currently being held in London’s high security Belmarsh prison.
Zoe Ball is leaving her BBC Radio 2 breakfast show after six years.
The 53-year-old, who recently lost her mother to cancer, will present her last show on Friday, 20 December.
Ball leaves Wogan House with her replacement, Scott Mills. Pic: PA
She said she was leaving to focus on family, but will remain part of the Radio 2 team and will give further details next year.
Announcing the news on her Tuesday show, she said: “After six years of fun times alongside you all on the breakfast show, I’ve decided it’s time to step away from the early alarm call and start a new chapter.
“You know I think the world of you all, listeners, and it truly has been such a privilege to share the mornings with you, to go through life’s little ups and downs, we got through the lockdown together, didn’t we?
“We’ve shared a hell of a lot, the good times, the tough times, there’s been a lot of laughter. And I am going to miss you cats.”
Scott Mills will replace Ball on the breakfast show following her departure next month.
“Zoe and I have been such good friends now for over 25 years and have spent much of that time as part of the same radio family here at Radio 2 and also on Radio 1,” he said.
“She’s done an incredible job on this show over the past six years, and I am beyond excited to be handed the baton.”
Hugging outside the BBC building on the day of the announcement, Ball said she was “really chuffed for my mate and really excited about it”.
Ball was the first female host of both the BBC Radio 1 and Radio 2 breakfast shows, starting at the Radio 1 breakfast show in 1998, and taking over her current Radio 2 role from Chris Evans in 2020 after he left the show.
She took a break from hosting her show over the summer, returning in September.
Ahead of her stint in radio, Ball – who is the daughter of children’s presenter Johnny Ball – co-hosted the BBC’s Saturday morning children’s magazine show Live & Kicking alongside Jamie Theakston for three years from 1996.
She has two children, Woody and Nelly, with her ex-husband, DJ and musician Norman Cook, known professionally as Fatboy Slim.
Ball said in her announcement her last show towards the end of December will be “just in time for Christmas with plenty of fun and shenanigans”.
“While I’m stepping away from the Breakfast Show, I’m not disappearing entirely – I’ll still be a part of the Radio 2 family, with more news in the New Year,” she added.
“I’m excited to embrace my next chapter, including being a mum in the mornings, and I can’t wait to tune in on the school run!”
Helen Thomas, head of Radio 2, said: “Zoe has woken up the nation on Radio 2 with incredible warmth, wit and so much joy since January 2019, and I’d like to thank her for approaching each show with as much vim and vigour as if it were her first. I’m thrilled that she’ll remain an important part of the Radio 2 family.”
Mills, 51, got his first presenting role aged just 16 for a local station in Hampshire, and went on to present in Bristol and Manchester, before joining BBC Radio 1 in 1998.
He’s previously worked as a cover presenter on Radio 2, but this is his first permanent role on the station.
UK
More prisoners are being transferred to less secure jails to tackle overcrowding crisis, Sky News understands
The prison service is starting to recategorise the security risk of offenders to ease capacity pressures, Sky News understands.
It involves lowering or reconsidering the threshold of certain offenders to move them from the closed prison estate (category A to C) to the open estate (category D) because there are more free cell spaces there.
Examples of this could include discounting adjudications – formal hearings when a prisoner is accused of breaking the rules – for certain offenders, so they don’t act as official reasons not to transport them to a lower-security jail.
Prisoners are also categorised according to an Incentives and Earned Privileges (IEP) status. There are different levels – basic, standard and enhanced – based on how they keep to the rules or display a commitment to rehabilitation.
Usually ‘enhanced’ prisoners take part in meaningful activity – employment and training – making them eligible among other factors, to be transferred to the open estate.
Insiders suggest this system in England and Wales is being rejigged so that greater numbers of ‘standard’ prisoners can transfer, whereas before it would more typically be those with ‘enhanced’ status.
Open prisons have minimal security and allow eligible prisoners to spend time on day release away from the prison on license conditions to carry out work or education.
The aim is to help reintegrate them back into society once they leave. As offenders near the end of their sentence, they are housed in open prisons.
Many of those released as part of the early release scheme in October after serving 40% of their sentence were freed from open prisons.
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Overcrowding in UK prisons
They were the second tranche of offenders freed as part of this scheme, and had been sentenced to five years or more.
Despite early release measures, prisons are still battling a chronic overcrowding crisis. The male estate is almost full, operating at around 97% capacity.
Read more from Sky News:
Find out what it’s really like inside prison?
Prison recalls soar as justice system struggles
Campaigners demand IPP sentences are scrapped
Sky News understands there continue to be particular pinch points across the country.
Southwest England struggled over the weekend with three space-related ‘lockouts’ – which means prisoners are held in police suites or transferred to other jails because there is no space.
One inmate is believed to have been transported from Exeter to Cardiff.
A Ministry of Justice spokesperson said: “The new government inherited a prison system on the point of collapse. We took the necessary action to stop our prisons from overflowing and to protect the public.
“This is not a new scheme. Only less-serious offenders who meet a strict criteria are eligible, and the Prison Service can exclude anyone who can’t be managed safely in a category D prison.”
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