LAWISE Solicitors - Blog

A person will usually use a statutory declaration to satisfy the requirements of authorities or government agencies when other documentation is not available to them. For instance, a statutory declaration can be useful to declare one’s identity, nationality or marital status in the absence, for example, of a birth or marriage certificate.

A statutory declaration is also commonly used as a method of legally declaring the intention to change one’s name, where the individual declares that they renounce their old name and adopt a new one in a written document that is witnessed by a solicitor or other authorised person. The statutory declaration can then be used as evidence, for example, in support of an application to HM Passport Office for a change of name on that individual’s passport.

Other examples are:-

• financial institutions looking to transfer money from the estate of someone who has died to those legally entitled to deal with the deceased’s estate, such as executors of a will,
• company directors declaring the solvency of their company when going into members voluntary liquidation,
• by a parent wishing to register a child’s birth in circumstances where both parents can’t go in person to the register office.
• By a defendant who was not aware of criminal proceedings against them until after the trial began, so as to provide an explanation for their absence,
• By an applicant for gender recognition, or by the spouse or civil partner of such applicant who wishes to stay married following the issue of a full gender recognition certificate.

One of the most common reasons for making a Statutory Declaration is in relation to clients who have been convicted of road traffic offences without realising.  This is either because of extremely poor postal service to the home address, or because they have moved addresses and the V5 log book for the vehicle has not been updated.

When this happens, you can either make an application to the Court for the case to be re-opened or you can ask the Court to hear or accept a Statutory Declaration.

Allowing you to make an application to re-open a case is at the Magistrates discretion, but making a Statutory Declaration within 21 days of finding out that you have been convicted of an offence without your knowledge is not, unless outside of the 21 days when it then depends on whether there is a reason to allow it ‘out of time’.

Making a Statutory Declaration in these circumstances sets aside the conviction.  The information that led to the issue of the summons is still valid, and the offence can then be put to you again for you to plead guilty or not guilty – the proceedings basically start again.  Sometimes the case will be adjourned for the prosecuting authority to review the case especially if some time has elapsed between the offence and you finding out about it.

The Statutory Declaration must be signed in the presence of an authorised person, which can be a practising Solicitor, Commissioner for Oaths, Notary Public or Justice of the Peace.  We at Lawise are happy to provide this service.  

For a statutory declaration to be valid and enforceable, the information contained within it should be completely truthful and accurate. It must also be signed in the presence of an appropriate person, although whomever hears the declaration is not required to enquire into, nor verify, the truth of it. The function of the person witnessing the signing of the declaration is to certify that they have done so by signing it themselves.

If someone makes a false statement that they know at the time to be untrue, they may be liable on conviction to a term of imprisonment for up to 2 years or a fine, or both, under section 5 of the Perjury Act 1911. This specifically deals with false statutory declarations, and other false statements without oath, where a person knowingly and wilfully makes a statutory declaration that is false in a material particular.

In addition, the solicitor taking the Statutory Declaration must be impartial.  This means that solicitor cannot also be acting for the client in any other legal matter.  Failure to ensure this could result in the declaration being declared invalid and unenforceable. For the purposes of impartiality, it is also important that the person acting as witness is not related to or known socially by the declarator, as this could lead the relevant authority to question the enforceability of the document.

In some case’s there is a prescribed form to make a Statutory Declaration, for example where a defendant is ignorant of criminal proceedings against them and needs to explain their absence from trial.  If there is no form prescribed s20 of the 1835 Act gives the wording required to ensure all Statutory Declarations follow a set structure and contain specific wording, namely the declarator’s full name and address, a statement that they ‘do solemnly and sincerely declare, and a statement that the things they say are true – for example:-

‘I (name) do solemnly and sincerely declare, that /as follows…………. 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’

If you would like to make a Statutory Declaration please contact Lawise Solicitors at 5 Bell Parade, Bell Road, Hounslow, TW3 3NU telephone 0208 572 9734 or mobile 07854 311 390 email info@lawise.co.uk or https://www.lawise.co.uk

Lawise Solicitors can help you with the drafting or preparation of the Statutory Declaration.  To ensure that it is impartial Lawise can either help you with the drafting or the witnessing & signing of your declaration.

In other words, if you need our legal help with the preparation of your Statutory Declaration then you need someone else to witness it.

You can write your own Statutory Declaration by using Statutory Declaration forms or templates available online. If drafting a Statutory Declaration yourself, you must make sure that you follow the requirements set out under the Act.

Our Statutory Declaration Solicitors charge an affordable fixed fee of £20 plus VAT for witnessing and signing a Statutory Declaration.