(1) the Secretary of State was bound to consider, as a material consideration, whether to exercise his discretion by reference to Article 2(a);

(2) the Secretary of State was not bound to reach a decision as to whether or not the alleged offences were themselves, or were connected with, political offences within Article 2(a); he would be entitled to decide that, whether or not the alleged offences were or were connected with political offences, he would not refuse to give assistance to the requesting state and its authorities.

In Guernsey, and in relation to the position of HM Procureur, we are doubtful whether HM Procureur could take the course set out in (2) above. It seems to us, subject to further argument, that HM Procureur would need to obtain the guidance of the Secretary of State on this question, and therefore to reach a conclusion as to whether or not the alleged offences were "political" ones for the purposes of Article 2(a), as a necessary step towards his decision whether or not to respond positively to the request for assistance.

Whether or not the decisions of HM Procureur the subject of these three appeals are on the facts in this case open to attack by reference to the Wednesbury principles, in the light of the considerations set out in this Judgment, is a matter which will have to be decided by this court at the sitting starting an 14 December 1998.