The point can also be illustrated by a less extreme example. Suppose that a request for assistance were received from a state of excellent standing and a signatory to the 1959 Convention, but that it appeared from the request that the alleged offence in respect of which the request was made might have political elements such as those referred to in Article 2 of the 1959 Convention. On the questions whether or not it was a "political" offence, and whether, if it was, the requested assistance should be given, again HM Procureur would need to seek the guidance of the Secretary of State, insofar as such guidance was not already available.

Naturally the guidance of the Secretary of State to which we are referring might be general in relation to countries such as the United States of America, the Commonwealth and states which are members of the European Union, and might need to be specific in relation to other countries, or in relation to particular requests.

There was cited to us the decision of the English Court of Appeal on section 4(2A) of the 1990 Act and Article 2(a) of the 1959 convention in R v Secretary of State for the Home Department, ex parte Fininvest spA [1997] 1 All ER 942. In that case the Court of Appeal held (Inter alia) at page 957 that