Petition

A petition is the first court document in a serious (solemn) case, setting out the draft charges at the accused's first appearance.

A petition starts most solemn cases. It sets out the first draft of the charges and asks the court for warrants, for example to arrest the accused or search property. The accused's first appearance on petition takes place in private before a sheriff, and the accused is not normally asked to plead guilty or not guilty. The sheriff decides whether to grant bail or remand the accused in custody, and whether the accused is committed for further examination, allowing the Crown to continue investigating, or fully committed straight away. Charges on a petition can change before the case reaches trial, when the formal charges are set out in an indictment. Being on petition means the fiscal regards the case as serious.

Checked as at 25 September 2026. General information only, not legal advice.