We use this information to make the website work as well as possible and improve government services. Affidavits need to be verified by oath or by solemn affirmation. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. A Statutory Declaration is similar to an Affidavit as it is also a written statement of facts that a person voluntarily signs under oath. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. We have had a number of people who have had to go through the Statutory Declaration exercise on a number of occasions in relation to the same case. A statutory declaration; A deed poll; If you get a statutory declaration, it is legal proof that you have undertaken a name change. The Magistrates can refuse to allow you to make a Statutory Declaration more than 21 days after you have found out about the conviction but they cannot refuse you the opportunity to make a Statutory Declaration within that period. You will need to do this in front of the witness. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. Businesses and individuals have already been using electronic signatures on contracts and other documents for some time and the Law Commission confirmed in its September 2019 report 'Electronic execution of documents' that it was permissible under English law to sign legal documents electronically. These amounts are fixed by law. Lots of Courts tend to do this and in our view that this approach is wrong in law. A few common examples of instances that may require a statutory declaration include: 1. Once you write your statutory declaration, you must sign it in front of an … This is normally in relation to our clients who have been convicted of road traffic offences without realising. • Follow the guidance we send you with the template to complete it. To do this, you’ll need to complete a Statutory Declaration stating the amount you're claiming, and the reasons why. Don’t worry we won’t send you spam or share your email address with anyone. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. A Statutory Declaration is a means of voiding (setting aside) the original proceedings. It is similar to a statement made under oath, but it is not sworn.. Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. See All Frequently Asked Question Offence Categories Here. 4. Our clients will have been convicted in their absence of this offence and the original speeding matter will have been withdrawn. If you find out that you have been convicted of an offence without realising, then you have to act fast. It is strongly argued that when you make a Statutory Declaration, the Court do not have the power to re-open the 'withdrawal' of the original speeding matter. If you make one 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. This was al… For example, proof of death to be used for land transfer when one of the grantor dies. A Statutory Declaration is a statement or fact that is created and signed in the presence of a UK solicitor, Notary Public or anyone who is authorised by law to hear it. Statutory declarations and deeds I need a lawyer to sign a document. For example, under the Marriage Act 1961 , you may need to complete a statutory declaration and provide it in hard copy. You can send your statutory declaration to the person or organisation that asked for it. All in all a positive experience. The Magistrates can then either re-list the case, based on an indication from you that it is your intention to plead not guilty to the original matter. To help us improve GOV.UK, we’d like to know more about your visit today. However, people typically use Statutory Declarations to satisfy legal requirements in situations that are outside of a court of law. Used to transfer ownership from a deceased owner when no official documents have been issued. These are explained in the statutory declaration template. All statutory declarations must contain the following wording. If you find out that you have been convicted of an offence without realising, then you have to act fast. These declarations are used primarily in the UK and in British Commonwealth countries, such as Australia and New Zealand. Guidance on the acceptability of statutory declarations for passport purposes. About Us – See here for details about our law firm. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. To make a statutory declaration, download and complete the statutory declaration form below. The statutory declaration would effectively satisfy some legal requirement, or regulation where … Check how the new Brexit rules affect you. To do this, you’ll need to complete a Statutory Declaration form stating the amount you're claiming, and the reasons why. A consideration of whether and how solicitors may administer a statutory declaration while measures are in place to reduce the spread of the 2019 novel coronavirus disease (COVID-19) pandemic. Statutory declaration form (DOC, 93 KB) All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a To declare the originality of an item when applying for a patent. A statutory declaration is a sworn, written statement used to prove a fact that you have knowledge of where there are no formal legal proceedings, such as a trial, where you could testify under oath. At the same time as asking the Court to list the case for a Statutory Declaration to be made, we will often lodge a Leave to Appeal to the Crown Court, (normally out of time) just in case the Magistrate refuses for some reason to hear the declaration. I wish more people in all professional services sector were as down to earth, and say it like it is! Without Due Care And Attention ( Careless Driving ), How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 142 of the Magistrates’ Courts Act, Frequently Asked Question Offence Categories Here. We use cookies to collect information about how you use GOV.UK. Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. If you have been made aware of a court fine that you had not previously known about, (usually because all correspondence had been sent to a previous address), you can apply to the Magistrate Court for the conviction to be cancelled. A statutory declaration or affidavit is a declaration made in a prescribed form before a solicitor, a notary public or another person authorised to administer an oath (commissioner of oaths) and it is mainly used to support certain applications or as evidence in court proceedings.. Already registered? Do solemnly and sincerely DECLARE and say as follows: (set out the required information in numbered paragraphs) And I make this declaration conscientiously believing the same to be true and in accordance with the provisions of the Statutory Declarations Act 1835. We publish our success rates because we are proud of how many motorists we help…, Patterson Law Limited is a law firm authorised and regulated by the, Louise Kippax - Senior Case Progression Officer, Senior Case Progression Officer - Louise Kippax. 6. From the first phone call the attitude from your office was positive and informative. Thanks again. You must submit your statutory declaration in hard copy (printed), if it's required by legislation. Court Fines and Section 14 Statutory Declarations. To transfer an asset to an executor of a will. This guidance is used by HM Passport Office staff. Form T467: Statutory declaration for single Applicants. You can type or write the statutory declaration before visiting an authorised witness, but don’t sign it yet. Statutory Declaration. £5 for each statutory declaration 2. The fee for doing so is usually around £20-50 depending on where you go, etc. Again, you will need extra advice in this regard if this has happened to you. We have had many cases in the past where people have made a Statutory Declaration because they did not receive the Summons and have not notified the Court of their up to date address and then proceedings have been re-issued to their old incorrect address. You’ve accepted all cookies. The Statutory Declaration form. This does not mean that the matter is over and done with. I'm sure I will not need you again but will readily pass on your details to anyone else who may need your motoring law expertise. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. The signed and stamped document issued to you would have … Practical Law UK Practice Note w-024-6421 ... Related Content. Making a Statutory Declaration within 21 days of finding out that you have been convicted of an offence without your knowledge is not subject to the discretion of the Magistrates. UK Statutory Declaration. A statutory declaration must be witnessed by a solicitor (but not the person who prepared your statutory declaration) or a Justice of the Peace (JP) and be signed by you using your new name. • You will need to send some supporting documents. What do I need to do with my statutory declaration? We only give information about Commonwealth statutory declarations. version of this document in a more accessible format, please email, Application to re-register a child’s birth and add the natural father's details, Statutory declaration of acknowledgement of parentage form, Forms LOC020, LOC021 and LOC025: Change your name by deed poll, Application form to remove the wrong father's details from a birth registration, Form T467: Statutory declaration for single Applicants, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases.