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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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What is a petition apprehension warrant

Resolved Question:

What is a petition apprehension warrant? My dad was lifted by the police and this was all they said. Scotland
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

It is a petition whereby the court gives authority to the police to lift your father, take him into custody and bring him before the court in respect of the charges he faces. He has to appear at the first available court sitting after being arrested and can apply for bail at that time.

A charge on petition would lead to a jury trial in the sheriff or high court as opposed to a summary trial before a sheriff.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Would this ever be used for failure to attend court as a witness. My dad was liberated from custody over night and has to attend in the morning but we have no idea what it could be about
Expert:  JGM replied 3 years ago.
An apprehension warrant could be used for a failure to attend as a witness, yes. The court has the power to force attendance as a witness by taking a witness into custody if the witness fails to appear.
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