Secondly, that "[the Investigation Law of 1991] is repugnant to the terms of the criminal Justice (International co-operation) Act 1990 (the 1990 Act). The prerogative power of the Crown to validate legislation in the area of international mutual legal assistance in criminal matters in the Channel Islands by Order in Council has been superseded by the enactment of section 32(4) of the 1990 Act (the prerogative power argument)".

Thirdly and alternatively, that the Investigation Law 1991 is neither ultra vires nor repugnant because it was wholly intended to apply only among the British Islands and the words "wherever committed" in section 1, and "elsewhere" in section 2, have that meaning (the territorial limitation argument). In that case, it is submitted, the 1991 Law cannot properly be applied in relation to investigations or prosecutions of crimes alleged to have been committed outside the British Isles.

As we have already indicated, in these three appeals the Court of Appeal is concerned with requests addressed to HM Procureur as the Attorney-General of Guernsey by authorities in the Ukraine and Finland seeking information and documents by virtue of the Investigation Law of 1991.

The origin of this local legislation in Guernsey lies in the European Convention on Mutual Assistance in Criminal Matters of 1959 ("the 1959 Convention"), made under the auspices of the Council of Europe. The aim of the governments signatory to the 1959 convention is "to afford each other ... the widest measure of mutual assistance in proceedings in respect of offences" punishable within the jurisdiction of the state requesting the assistance (Article 1).