 Mitting distinguished two issues which were arguable, the first being whether psychiatrist Jeremy Turk's opinion that McKinnon would certainly commit suicide if extradited means that the Home Secretary must refuse extradition under section 6 of the Human Rights Act 1998 (which prevents a public authority from acting in a way incompatible with convention rights).The second was whether Turk's opinion was a fundamental change to the circumstances that the courts had previously considered and ruled upon.Mitting ruled that if the answer to both questions was "Yes", then it was arguable that it would be unlawful to allow the extradition.