xex

Kerry Anne Howes, 33, and Brian Howes, 47, who are accused of exporting chemicals to illegal drug labs producing highly addictive crystal meth, were earlier granted leave to take their human rights challenge against sending them across the Atlantic to the Supreme Court.

They lost a bid to prevent them being sent to Arizona to face trial at the Court of Criminal Appeal in Edinburgh last month but returned to the same court this week to successfully apply for leave to take their case to the London court.

Judges today decided that Mrs Howes should be granted bail ahead of the hearing with conditions that she report weekly to Falkirk police station and surrender herself for extradition if and when called upon to do so by the Scottish Ministers.

But they ruled out bail for her husband. Lord Mackay said the appeal judges were not satisfied that if released he would make himself available for extradition if and when ordered to do so by the Scottish Government.

Defence counsel Chris Shead, for Mrs Howes, earlier told Lord Mackay, sitting with Lord Bonomy and Lord Osborne, that an English case involving parents facing extradition has already been referred to the Supreme Court.

He said that the Howes' case was an "anxious" one and added: "Her health is under significant pressure while in custody."

The court ruled at an earlier hearing that they would allow leave to appeal on issues relating to Article 8 of the European Convention on Human Rights, governing the right to family life, which had arisen during the Scottish proceedings.

The American authorities requested the extradition of the Howes, of Bo'ness, in 2006 although they maintain they ran a legitimate business and have fought a lengthy battle through the courts to stop the move.

The Americans allege that they sold chemicals to customers in the United States through the internet knowing that they would be used to make methamphetamine _ also known as crystal meth.

About 296 kilos of red phosphorous and 44 kilos of iodine are said to have been sold to at least 70 crystal meth labs and that about 1330 pounds of the Class A drug with a street value of $13.3 million could have been produced.

During their earlier unsuccessful appeal Lord Reed said that since the case was initially dealt with by a sheriff in 2008 there had been "material developments" which had to be taken into account in deciding whether sending them to America would be compatible with their ECHR rights.

He said: "First and most importantly two further children have been born. The fact that she has borne two children and undergone a third pregnancy within such a short period, despite medical advice about the risks to her health, may lead to a suspicion that she and her husband saw this as a way of strengthening their arguments against extradition."

"The conception of children at a time when their parents were a risk of extradition to the United States and possible detention there might in any event be regarded as irresponsible," he said.

Lord Reed said it had to be recognised that the family life of Mrs Howes and children would inevitably be disrupted by extradition and it might be severe, with both parents being sent to America making it worse.

But he said they also had to consider the seriously damaging consequences for the public interest in the prevention of crime if an accused with dependent family was rendered immune from extradition to go trial "for very serious wrongdoing" .

He pointed out that if she was alleged to have committed similar offences in Britain "she would undoubtedly be prosecuted notwithstanding the possibility that, if convicted, she might be separated from her children for a prolonged period".

Lord Reed said that evidence relating to an episode during the appeal proceedings supported the conclusion that the husband was "a devious and manipulative individual".