Indictment & Citation Defence Solicitors in Scotland

If you have been served with an indictment, or you have received a criminal citation to appear in court, you are facing formal criminal proceedings and you need expert legal advice straight away. Beltrami & Co are criminal defence solicitors with decades of experience representing people at every stage of solemn and summary proceedings, in the Sheriff Court and the High Court of Justiciary across Scotland.

Acting quickly matters. The earlier we are instructed, the more time we have to examine the Crown's evidence, prepare your defence and protect your position.

What Is an Indictment in Scotland?

An indictment is the formal document setting out the charges against you in solemn proceedings, which is the procedure Scotland uses for its most serious crimes. Solemn cases are tried before a judge and a jury of 15, either in the Sheriff Court (sheriff and jury) or in the High Court of Justiciary. Charges commonly prosecuted on indictment include serious assault, sexual offences, drug supply, serious fraud, and murder or culpable homicide.

The indictment is served on you by the Crown Office and Procurator Fiscal Service. It lists the charges, the witnesses the Crown may call and the productions (documents and items of evidence) it may rely on.

What Happens After You Are Served With an Indictment?

Appearing on petition

Most solemn cases begin before the indictment is served, when you appear in private in the Sheriff Court on a petition. At that first appearance the court decides whether you are released on bail or remanded in custody while the Crown continues its investigation. You should have a solicitor with you at this stage.

Service of the indictment

When the Crown is ready to proceed, it serves the indictment on you. From this point the case is heading for a preliminary hearing or first diet, and then trial.

First diet (Sheriff Court) or preliminary hearing (High Court)

These are two different hearings. In a sheriff and jury case, the first pre-trial hearing is called a first diet. In the High Court, it is a preliminary hearing. At either one, the court checks that both sides are ready for trial and deals with any legal issues that need to be decided in advance. Your defence statement must be lodged at least 14 days before this hearing.

Trial before a jury

At trial the Crown must prove each charge beyond reasonable doubt, and Scots law's requirement for corroboration still applies. For trials beginning on or after 1 January 2026, the jury can only return a verdict of guilty or not guilty, and a conviction requires at least 10 of the 15 jurors to agree.

Time Limits in Solemn Cases

Scots law sets strict time limits for solemn cases under section 65 of the Criminal Procedure (Scotland) Act 1995. Counting from your first appearance on petition, the preliminary hearing (High Court) or first diet (Sheriff Court) must begin within 11 months, and the trial must begin within 12 months. If these limits pass without being extended, the accused must be discharged from the indictment and cannot be prosecuted on indictment for that offence.

If you are remanded in custody after being committed for trial, you cannot be held for more than 80 days unless the indictment has been served on you, more than 110 days unless the preliminary hearing or first diet has begun, or more than 140 days unless the trial has begun. If any of those limits is passed, you are entitled to be admitted to bail.

The court can extend any of these time limits if the Crown applies and shows good reason. Longer, temporary limits introduced during the Covid-19 pandemic ended on 30 November 2025, but they can still apply to cases where the first appearance on petition, or committal for trial, took place before that date. We will always check exactly which limits apply to your case.

Sheriff and Jury or High Court: What Is the Difference?

Where your case is heard affects the sentence that can be imposed. A sheriff sitting with a jury can impose up to five years' imprisonment, or remit the case to the High Court if a longer sentence is thought appropriate. The High Court of Justiciary deals with the most serious crimes, including murder, rape and the most serious drugs and violence cases, and its sentencing powers extend to life imprisonment. Our High Court lawyers act in the High Court in Glasgow, Edinburgh and across Scotland, and our team includes solicitor advocates and a King's Counsel.

Can I Plead Guilty Early? (Section 76)

If, after advice, you decide to plead guilty, section 76 of the Criminal Procedure (Scotland) Act 1995 allows your solicitor to give written notice of the plea so the case can call early, without waiting for the preliminary hearing or first diet. An early plea is normally taken into account in sentencing. This is a significant decision, and you should never make it without first having your solicitor review the full evidence against you.

Defence Statements and Preparing Your Defence

In solemn cases the defence must lodge a defence statement setting out the nature of the defence and the matters you take issue with in the Crown case. Any special defence, such as self-defence or alibi, must also be intimated in advance. Preparing these properly takes time, which is why early instruction is so important.

What Is a Criminal Citation in Scotland?

A criminal citation is a formal document requiring you to appear in court to answer a charge under summary procedure. Summary procedure is used for less serious offences, which are heard by a sheriff or a justice of the peace without a jury. You may receive a citation by post or from a police officer. Receiving a citation does not mean you are guilty of anything. You have the right to legal representation, and you should instruct a solicitor before the date on the citation so that your plea and defence can be properly prepared.

Summary vs Solemn Procedure in Scotland

• Summary procedure: less serious offences, no jury. The case starts with a citation or complaint and is heard in the Sheriff Court, where the maximum sentence is 12 months' imprisonment, or in the Justice of the Peace Court, where the maximum is 60 days.
• Solemn procedure: more serious offences, prosecuted on indictment before a jury. Cases are heard in the Sheriff Court (sheriff and jury, up to five years) or the High Court of Justiciary (up to life imprisonment).

How Beltrami & Co Can Help

Beltrami & Co are one of Scotland's leading criminal defence firms, with decades of experience in citation and indictment cases at every level of court. We will:

• Advise you on the charges and what they mean for you
• Represent you at your appearance on petition and argue for bail
• Review the Crown's evidence and identify weaknesses in its case
• Prepare and lodge your defence statement and any special defence
• Represent you at first diets, preliminary hearings, intermediate diets and trial
• Negotiate with the Crown where appropriate
• Instruct expert witnesses and counsel where required
• Advise on appeals against conviction or sentence

We represent clients across Glasgow, Edinburgh and throughout Scotland. If you have just been arrested or charged, read our guide on what to do next.

Contact Beltrami & Co Today

If you have received a criminal citation or been served with an indictment, do not delay. Contact Beltrami & Co now for expert criminal defence advice.

Call us on 0141 890 5555. We provide a 24-hour service and can arrange an urgent consultation.