(7 Posts) Add message | Report. Each case depends on its individual circumstances and if this has happened to you then you will need urgent specific advice relevant to the facts of your case so that your statutory declaration is presented correctly. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. Very well done. Free trial. You will need to do this in front of the witness. 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. Court Fines and Section 14 Statutory Declarations. I wish more people in all professional services sector were as down to earth, and say it like it is! 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.. Statutory declarations and deeds I need a lawyer to sign a document. To do this, you’ll need to complete a Statutory Declaration form stating the amount you're claiming, and the reasons why. • Follow the guidance we send you with the template to complete it. 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. 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. 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. 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. Help us improve GOV.UK. This does not mean that the matter is over and done with. Free Practical Law trial. You can send your statutory declaration to the person or organisation that asked for it. If there is the case, then the notary (as any lawyer) can only charge 1. This was al… Again, you will need extra advice in this regard if this has happened to you. Why So Much Free Information – What’s The Catch? The fee for doing so is usually around £20-50 depending on where you go, etc. To transfer an asset to an executor of a will. To declare your identity, nationality, or marital status. If you find out that you have been convicted of an offence without realising, then you have to act fast. To help us improve GOV.UK, we’d like to know more about your visit today. It is usually a lot cheaper than changing name by use of a Deed Poll. To help us improve GOV.UK, we’d like to know more about your visit today. Lots of Courts tend to do this and in our view that this approach is wrong in law. £5 for each statutory declaration 2. A statutory declaration; A deed poll; If you get a statutory declaration, it is legal proof that you have undertaken a name change. It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. Our current fees for this service are $99 plus applicable taxes. You can either pay a Solicitor to draft your Declaration or create your own using the sample text below. We are often asked how do you go about making a Statutory Declaration at the Magistrates’ Court? 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. Sometimes when you make a Statutory Declaration, the Court will simply accept that statutory declaration and send you on your way. This file may not be suitable for users of assistive technology. 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. Once you write your statutory declaration, you must sign it in front of an … Great Response, Great Advice, Great Service and … Great Result – Thanks. 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. How do I get a copy of statutory declaration? fedupandsickofeverything Wed 04-Mar-15 11:44:20. have also posted this in chat My dm remarried when I was young, I used my stepfathers's name although he never formally adopted me. When you make a Statutory Declaration, the limitation period (in road traffic offences is normally 6 months) disappears. You must submit your statutory declaration in hard copy (printed), if it's required by legislation. Making a Statutory Declaration sets aside the conviction. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. Fill, sign and download Statutory Declaration Form online on Handypdf.com into a statutory declaration. To make a statutory declaration, download and complete the statutory declaration form below. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. Our clients will have been convicted in their absence of this offence and the original speeding matter will have been withdrawn. My hesitation was doubled by the fact they are located 200 miles away from me. Allowing you to make an application to re-open a case is at the Magistrates discretion. To confirm a do… Therefore the Prosecution are allowed to instigate fresh motoring offence proceedings even though it is more than 6 months from the original offence. Obtaining a copy of your Statutory Declaration Statutory Declarations are usually issued by solicitors. Already registered? It normally transpires that this has happened because either our client has an extremely poor postal service to their home address or they have moved addresses and the V5 (log book) for the vehicle has not been updated. All statutory declarations must contain the following wording. Affidavits need to be verified by oath or by solemn affirmation. 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 Overall, I would have no hesitation in recommending this firm. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. These amounts are fixed by law. To access this resource, sign up for a free trial of Practical Law. If you are uncomfortable modifying the templates, or simply do not want to take the time, Red Seal Notary staff can draft your declaration for you. Statutory declarations (and their cost) Introduction A client sometimes requires a notary to witness etc a statutory declaration, with the statutory declaration for use in England and Wales. 2. How to word a statutory declaration A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Print this page. We use cookies to collect information about how you use GOV.UK. A statutory declaration is a written statement declared to be true in the presence of an authorised witness. Statutory Declaration. 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. Check how the new Brexit rules affect you. What do I need to do with my statutory declaration? 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. The statutory declaration would effectively satisfy some legal requirement, or regulation where … You can type or write the statutory declaration before visiting an authorised witness, but don’t sign it yet. We use this information to make the website work as well as possible and improve government services. A statutory declaration is a formal statement made in a prescribed way affirming that something is true to the best knowledge of the Declarant, being the person making the declaration. Don’t include personal or financial information like your National Insurance number or credit card details. If you need help making a Statutory Declaration or you are worried about the proceedings to which the Statutory Declaration relates, then please contact us or call in for urgent advice. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided. Most of the cases that we deal with that require a Statutory Declaration are allegations of failing to provide driver information. 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. You can change your cookie settings at any time. A Statutory Declaration is similar to an Affidavit as it is also a written statement of facts that a person voluntarily signs under oath. All in all a positive experience. £2 for each exhibit to a statutory declaration. 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. 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. 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. Sometimes you need an independent solicitor simply to witness your signature to an oath or a declaration or to certify a photocopy. A Statutory Declaration is a means of voiding (setting aside) the original proceedings. • You will need to send some supporting documents. 4. The Statutory Declaration form. A Statutory Declaration in the United Kingdom is a legal method of changing a persons name. There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. It will take only 2 minutes to fill in. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public. This is normally in relation to our clients who have been convicted of road traffic offences without realising. With the current Coronavirus lockdown, social distancing and remote working, organisations are having rapidly to rethink how documents can be signed and - where relevant - witnessed. This guidance is used by HM Passport Office staff. You’ve accepted all cookies. Practical Law UK Practice Note w-024-6421 ... Related Content. Thanks again. 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. These types of declarations are made subject to the provisions of certain legislation. However, people typically use Statutory Declarations to satisfy legal requirements in situations that are outside of a court of law. 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. 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. Fillable and printable Statutory Declaration Form 2021. To declare the solvency of a company. Don’t worry we won’t send you spam or share your email address with anyone. There are 2 sets of words you need to include in any statutory declaration: At the start of the declaration I, [your full name] of [your residential address], do solemnly and sincerely declare that: At the end of the declaration And I make this solemn declaration conscientiously believing the same to be true and by We only give information about Commonwealth statutory declarations. If the Magistrates do not believe the statutory declaration that you are making (and you have to swear the statutory declaration on oath) then they can warn you about the offence of perjury and you should take such a warning seriously. Statutory Declaration of Marital Status pdf Format Proof of Marriage declaration Word Format Proof of Marriage declaration pdf Format. When this happens you can either make an application for the case to be re-opened under Section 142 of the Magistrates’ Courts Act (see our page in that regard) or you can ask the Court to hear a Statutory Declaration. 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