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. These are explained in the statutory declaration template. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. Fillable and printable Statutory Declaration Form 2021. What do I need to do with my statutory declaration? Guidance on the acceptability of statutory declarations for passport purposes. This does not mean that the matter is over and done with. This guidance is used by HM Passport Office staff. 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. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. To help us improve GOV.UK, we’d like to know more about your visit today. 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. Don’t include personal or financial information like your National Insurance number or credit card details. Statutory Declarations are signed in the presence of a UK official to ensure that the written statement does … These types of declarations are made subject to the provisions of certain legislation. 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. 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 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. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. 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. All in all a positive experience. 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 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. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided. The statutory declaration would effectively satisfy some legal requirement, or regulation where … A few common examples of instances that may require a statutory declaration include: 1. We’ll send you a link to a feedback form. £2 for each exhibit to a statutory declaration. All statutory declarations must contain the following wording. To access this resource, sign up for a free trial of Practical Law. 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. My hesitation was doubled by the fact they are located 200 miles away from me. 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. If there is the case, then the notary (as any lawyer) can only charge 1. Allowing you to make an application to re-open a case is at the Magistrates discretion. 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’ve accepted all cookies. 4. Obtaining a copy of your Statutory Declaration Statutory Declarations are usually issued by solicitors. You will need to adhere to a strict submission process to the Court. 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. To do this, you’ll need to complete a Statutory Declaration form stating the amount you're claiming, and the reasons why. I wanted to thank you for all the good and diligent work you have done on my behalf. For example, proof of death to be used for land transfer when one of the grantor dies. The Court notifies the Crown Prosecution Service that the Statutory Declaration has been made and the vast majority of the time the Crown Prosecution Service will lay in fresh information for the original offence and the proceedings will start over again. How to word a statutory declaration A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. Read more about our accessible documents policy. The fee for doing so is usually around £20-50 depending on where you go, etc. Therefore the Prosecution are allowed to instigate fresh motoring offence proceedings even though it is more than 6 months from the original offence. 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. A Statutory Declaration in the United Kingdom is a legal method of changing a persons name. 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. 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. Why So Much Free Information – What’s The Catch? To declare the solvency of a company. To declare the originality of an item when applying for a patent. You can type or write the statutory declaration before visiting an authorised witness, but don’t sign it yet. UK Statutory Declaration. This is normally in relation to our clients who have been convicted of road traffic offences without realising. 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. 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. We use this information to make the website work as well as possible and improve government services. 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. Statutory Declaration. A statutory declaration; A deed poll; If you get a statutory declaration, it is legal proof that you have undertaken a name change. Used to transfer ownership from a deceased owner when no official documents have been issued. 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. There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. The Statutory Declaration form. 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. 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. A Statutory Declaration is similar to an Affidavit as it is also a written statement of facts that a person voluntarily signs under oath. Lots of Courts tend to do this and in our view that this approach is wrong in law. 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. 6. Statutory declarations are usually used to satisfy a legal requirement in instances where there is no other evidence available to confirm that something is true. 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 Print this page. You must submit your statutory declaration in hard copy (printed), if it's required by legislation. Making a Statutory Declaration sets aside the conviction. Thank you! To declare items for import or export. 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. 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. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public. It is usually a lot cheaper than changing name by use of a Deed Poll. Already registered? My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. 5. Please contact the cemeteries office to discuss the Statutory Declaration. 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. Great Response, Great Advice, Great Service and … Great Result – Thanks. 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. Again, you will need extra advice in this regard if this has happened to you. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. To do this, you’ll need to complete a Statutory Declaration stating the amount you're claiming, and the reasons why. Sometimes when you make a Statutory Declaration, the Court will simply accept that statutory declaration and send you on your way. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. 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. We are often asked how do you go about making a Statutory Declaration at the Magistrates’ Court? It will take only 2 minutes to fill in. 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. If the Court adopts this approach, then your case will simply be adjourned to a new date for you to attend for trial. Practical Law UK Practice Note w-024-6421 ... Related Content. Check how the new Brexit rules affect you. (7 Posts) Add message | Report. About Us – See here for details about our law firm. 5* - Statutory Declarations - Exceptional Legal Help I just want to say thank you for your support through this, I would have broken down but was very helpful and reassuring. 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. To declare your identity, nationality, or marital status. Overall, I would have no hesitation in recommending this firm. A statutory declaration is a legal document defined under the law of certain Commonwealth nations. For example, you may need a solicitor to witness you confirm the truth of and sign an oath relevant to applying for probate. Our clients will have been convicted in their absence of this offence and the original speeding matter will have been withdrawn. 2. If you find out that you have been convicted of an offence without realising, then you have to act fast. These amounts are fixed by law. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. This was al… You can send your statutory declaration to the person or organisation that asked for it. Statutory declarations and deeds I need a lawyer to sign a document. You can change your cookie settings at any time. 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. into a statutory declaration. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. To help us improve GOV.UK, we’d like to know more about your visit today. Don’t worry we won’t send you spam or share your email address with anyone. Very well done. • You will need to send some supporting documents. 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. How do I get a copy of statutory declaration? Free trial. 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.. Court Fines and Section 14 Statutory Declarations. 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. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. 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. These declarations are used primarily in the UK and in British Commonwealth countries, such as Australia and New Zealand. The Statutory Declaration. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. Most of the cases that we deal with that require a Statutory Declaration are allegations of failing to provide driver information. 3. See All Frequently Asked Question Offence Categories Here. We use cookies to collect information about how you use GOV.UK. 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. 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. When you make a Statutory Declaration, the limitation period (in road traffic offences is normally 6 months) disappears. We are aware these publications may have accessibility issues. Declarations can be either based on a Will that did not go to probate, claiming ownership by the executor or by the Next of Kin if the deceased left no will. This file may not be suitable for users of assistive technology. 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. Our current fees for this service are $99 plus applicable taxes. However, people typically use Statutory Declarations to satisfy legal requirements in situations that are outside of a court of law. Affidavits need to be verified by oath or by solemn affirmation. A statutory declaration is a written statement declared to be true in the presence of an authorised witness. • Follow the guidance we send you with the template to complete it. A Statutory Declaration is a means of voiding (setting aside) the original proceedings. We only give information about Commonwealth statutory declarations. We are reviewing them so that we can fix these. • The application must be signed by a Commissioner for oaths / Solicitor / Justice of the Peace / Notary. Form T467: Statutory declaration for single Applicants. 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. You make a statutory declaration stating the amount you 're claiming, and the original proceedings declare. The fact they are located 200 miles away from me HM passport office staff complete a statutory and! Please contact the cemeteries office to discuss the statutory declaration would effectively satisfy some legal requirement, or marital pdf. 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