British hacker Gary McKinnon may escape extradition to the US if his lawyers can successfully argue that he should be prosecuted in the UK.

McKinnon is accused of breaking into the computer systems of the Pentagon and Nasa. US prosecutors claim he stole sensitive files and caused damage to computer systems amounting to hundreds of thousands of dollars.

Last year the House of Lords and the European Court of Human Rights rejected his appeals against extradition.

Now his lawyers will argue that as the offence was committed in Britain it should be tried in the UK. They have told the Crown Prosecution Service that McKinnon would plead guilty to offences under the UK Computer Misuse Act.

Supporters fear that 42-year-old McKinnon would not get a fair trial in the US. His lawyers say he could face up to 70 years in prison if convicted. They also say he suffers from Asperger's Syndrome, a form of autism that can make people obsessive.

Graham Cluley, senior technology consultant for security company Sophos, said there was a lot of sympathy for Mr McKinnon and many people would prefer to see him dealt with in Britain.

But he added: “Any form of hacking is illegal and should be punished as such, and hacking into US government networks is bound to come with harsh repercussions – anyone thinking about engaging in these types of activities in the future should think twice."

A court date for the oral judicial review of the decision to extradite McKinnon to the USA was scheduled for Tuesday 20 January 2009.