Making a Statutory Declaration
What is a Statutory Declaration?
Sometimes people are convicted of road
traffic offences and they are completely
unaware of the proceedings. This can be
because the Summons has been sent to the
wrong address (normally because the registered
address of the vehicle has not been kept
up to date). It can also be because
you have moved home and the Summons has
been sent to your old address. Another
explanation put forward is that there
have been problems with the post being
delivered to the house.
In any event it is obviously not fair
if you are convicted of a road traffic
offence with no knowledge that there are
proceedings ongoing.
A Statutory Declaration is a means of
voiding (setting aside) the original proceedings.
If you make a statutory declaration within
21 days of becoming aware of the fact
that there are either ongoing proceedings,
or you have been convicted of an offence
without your knowledge, then the original
proceedings or a stage in the proceedings
is deemed void.
The Court can either void the proceedings
altogether or can void the conviction
and allow you the opportunity to plead
not guilty and contest the matter.
You should consider seriously whether
or not it is your best interests to make
a Statutory Declaration if you accept
that you were actually guilty of the offence
alleged. If you set aside the conviction
there is a good chance that the Crown
Prosecution Service will maintain the
prosecution against you and you could
end up being convicted again or having
to plead guilty because you do not have
a defence to the allegation.
If, however, you genuinely want to plead
not guilty to the allegation that is being
made you need to make the Statutory Declaration
within 21 days of becoming aware of the
fact that the proceedings were ongoing,
or becoming aware that you have missed
a stage in those proceedings.
In order to make a Statutory Declaration
you need to liaise with the Court that
convicted you and arrange to go in and
make a declaration in front of the Justice
of the Peace.
The Magistrates Court are used to this
procedure and will often help you in making
the declaration to the Magistrates.
Before you make the declaration, you
will be warned that if anything you say
later turns out to be untrue you could
be prosecuted for perjury, which carries
an almost inevitable prison sentence.
How do I make the declaration?
In order to make a Statutory Declaration
you need to complete and take the following
Court form to Court with you. As stated
above you have to make sure that the information
contained within the form is 100% accurate.
You then need to read out the declaration
on the form in the presence of a Justice
of the Peace, you then need to sign the
declaration and it needs to be countersigned
by the Justice of the Peace who witnessed
you making the Declaration.
Once this has been done, the Court will
void either the stage in the proceedings
that you have missed or the whole proceedings
and will notify the Crown Prosecution
Service of the same. Most importantly,
it will allow you to defend the matter
if the Prosecution indicate that they
are minded to continue with the Prosecution.
If a fine, penalty points or a ban was
imposed as a result of the original conviction
then these will be rendered void also.
Any orders of the Court that flowed from
the original conviction will be void.
The Statutory Declaration form that
you complete and take with you to Court
(take at least two copies) should read
as follows:
Statutory Declarations
Act 1835
I
(name)
of
(address) do solemnly
and sincerely declare that:
(Specify the matter to
be declared)
(e.g. "I did not
know about the proceedings against me
at Timbuktu Magistrates Court in relation
to an allegation of speeding which resulted
in me convicted in my absence on the
23rd September 2006 until
the 15th November 2006 when
I received a call from the court bailiffs
telling me that there was a fine outstanding
in my
name…..")
And I make this solemn
declaration conscientiously believing
the same to be true, and by virtue of
the provisions of the Statutory Declarations
Act 1835
.
Dated the (date)
(Signature of the person making
the declaration)
Declared before me
(Signature of the Justice of the Peace)
Justice of the Peace for the County
of
(Specify)
