The Act preserved the right to proceed at common law, but gave an alternative remedy.

The petition was left with the Home Secretary "for the consideration of His Majesty", who if he thought fit granted his fiat that right be done.

The fiat was sealed in the Home Office and issued to the applicant who filed it in the central office of the High Court of Justice, and a sealed copy was served on the Treasury Solicitor, with a demand for a response on behalf of the Crown.

The subsequent proceedings, including those as to disclosing relevant documents followed as far as possible those in an ordinary action.

The Lord Chancellor could direct the hearing of petitions of right in that court even when not started there.