The UK government has decided not to step in to prevent the extradition of hacker Gary McKinnon, nor to guarantee his return to the UK in the case of him being extradited and sentenced in the US.

The latest development in the ongoing legal battle between the US government and the former hacker was reported to vnunet.com by McKinnon's lawyer Karen Todner.

The European Court of Human Rights had already turned down an appeal to delay the extradition.

Todner said that she had asked Home Secretary Jacqui Smith that McKinnon be tried in the UK where it is likely he would receive more favourable treatment, or at least for him to be returned to the UK to serve any sentence imposed by the US courts.

The lawyer expressed dismay that Smith did not even make the request to the US authorities.

"The US are being very heavy handed and are looking to make an example of him," Todner said in an earlier interview with vnunet.com.

"Under the UK system he would face three to four years in prison. Over there it could run into decades in a super maximum prison."

Todner added in a statement today: "The Secretary of State has advised via the Treasury Solicitors that, despite Mr McKinnon's diagnosis with Asperger Syndrome, she will now be making arrangements for his extradition pursuant to her order for extradition of 4 July 2006.

"She has failed to make any request for repatriation to the UK when other countries make similar requests on behalf of their citizens."

Todner said that she would continue to investigate the case and McKinnon's options, and is considering further judicial remedies.