Lord Advocate Against Valerie Hayes And Others
| Jurisdiction | Scotland |
| Judge | Sheriff N A Ross |
| Neutral Citation | [2021] SC EDIN 50 |
| Court | Sheriff Court |
| Date | 30 July 2021 |
| Docket Number | E89/18 |
| Published date | 14 October 2021 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
[2021] SC EDIN 50
E89/18
E90/18
E91/18
JUDGMENT OF SHERIFF N A ROSS
in the cause
LORD ADVOCATE on behalf of the Government of the United States of America
Applicant
against
VALERIE PERFECT HAYES, GARY REBURN AND JENNIFER AMNOTT
Respondents
Applicant: Wilson, procurator fiscal depute;
Respondents: McCall QC, Harvey (for Hayes); McCluskey, Miller (for Reburn); Mitchell QC,
Henry (for Amnott);
EDINBURGH, 30 JULY 2021
The Sheriff, having resumed consideration of the cause, finds in fact as follows:
1. Ms Hayes has a history of physical ill health, including cancerous growths. The full
extent of her physical ill health is not proved. She requires medication to manage her
condition , and ongoing medical monitoring twice per year. She will receive appropriate
adequate medical care for her physical health if imprisoned in a US federal prison.
2. Ms Hayes is justifiably diagnosed as suffering from Post Traumatic Stress Disorder,
possibly as a result of an abusive domestic relationship. It is not proved that her mental
health had any bearing on the offences alleged. Any suicidal ideation, if it exists, is within
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her volun tary control. She would receive appropriate treatment for her mental health in a
US federal prison.
3. Ms Hayes has four children, three of whom reside in Scotland in foster care. They
are flourishing socially and academically, and are likely to continue to do so in the event of
her extradition. They do not depend on Ms Hayes for their care. They have a family life
with th eir present foster carers. They are settled in Scotland. The eldest child is
independent and lives in the USA.
4. Mr Reburn has no history of involvement with criminality. There are adequate
safeguards to protect Mr Reburn’s safety and wellbeing, and that of the other respondents,
while serving a sentence in the US federal prison system. These safeguards include policies,
security designations and physical living conditions.
5. None of the respondents has health problems which would not be adequately and
appropriately treated within a US federal prison. They will receive adequate and
appropriate medication, treatment and monitoring for their present medical conditions.
6. There is no undue risk of sexual assault by staff against any of the respondents in a
US federal prison. The US authorities regard such behaviours as criminal and take
reasonable precautions against such assaults. They robustly prosecute offenders where
there is sufficient evidence.
7. The US federal prison system now provides adequate care and precautions in
relation to the transmission and treatment of Covid-19. None of the respondents will be
placed at undue risk from Covid-19 in a US federal prison.
8. The mandatory life sentences faced by all the respondents in the event of their
conviction on the extradition offences are not grossly disproportionate to the crimes alleged.
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9. Any federal inmate serving a mandatory life sentence is able to apply to a court for
compassionate release. Th ey are able to apply for the exercise of executive clemency. Th ey
are able to do so on more than one occasion during their incarceration. The applicant has
formal procedures to respond to and progress such applications. There have been successful
applications in recent years.
10. The criteria for granting compassionate release are regulated by statute and case law
precedent, which are publicly available. It is a judicial process.
11. The respondents would be able to apply for a reduction of any mandatory life
sentence they may receive in th e US, by way of compassionate release or by executive
clemency. Such remedies would be de facto and de jure available to them. Such mandatory
life sentences are not irreducible.
12. It is not possible to predict within which prisons in the US federal system the
respondents are likely to be incarcerated. These institutions are distributed throughout the
USA.
13. Conditions within the US federal prison system are challenging but the safety of each
of the respondents would be adequately protected commensurate with a prison
environ ment. That system takes proportionate and adequate steps to protect inmates
against violence by other inmates, and against sexual assault by staff.
Finds in fact and law that:
1. The requirements of section 78 of the 2003 Act are satisfied.
2. No bars to extradition under s79 of the 2003 Act apply to the respondents. In
particular, the mandatory life sentences faced on coun t 2 are not irreducible or shown to be
grossly disproportionate.
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