STATUTORY DECLARATION

 

by TheJusticeofthePeace @ 04. Oct. 2010. – 12:27:19

As previously alluded to over the last few months Justices of the Peace perform many functions outwith sitting as a tribunal in matters of criminal law. One such is the signing of a statutory declaration. This procedure is available at court at no charge for anybody who wishes to make a declaration that has the force of law. It is commonly used when an individual belatedly discovers that s/he has been fined or worse for a driving offence. Non receipt of fixed penalty notices is a common reason for stat. decs. to be declared in front of a bench. Sometimes matters of that nature can be complicated by the issue of whether the recipient of the F.P.N. was indeed the driver at the time the offence was alleged to have been committed.

But it becomes more serious when the offence is one for which penalty points have been endorsed on a driving license eg for driving with no insurance. The alleged offender when the matter comes to his notice should realise that if s/he has been continually driving as previously, being stopped by police could lead to more serious problems. Having come to court to make a stat. dec. which is accepted by the bench the court can either void the proceedings altogether or can void the conviction and allow the opportunity to plead not guilty and contest the matter. If, as is often the case, the court originating the prosecution is not the court at which the stat. dec. is made the voiding process will not appear on the police national computer which leads to the risk as above.

To alleviate this risk my advice to an applicant after having signed the stat. dec. has always been to take the form to the court office, have it stamped and to request a copy F.O.C. to carry with driving license to preclude further unnecessary police involvement. I had, in my ignorance, not realised until recently that a charge was being made for this service for some time past.

Sect. 92 of the Courts Act 2003, Statutory Instrument 2008 no. 1052 authorised a £5 charge for this photocopy. Now £5 to many readers here might not seem a lot to pay to rid one of a legal albatross around one`s neck but for the low paid and those on benefit it is more than two pints in the pub. There is process for remission of the fee but it must be made at the time the fee becomes payable and involves the production of evidence eg of being on benefits.

Those who might be eligible for such remission often lead disordered lives to the extent that the procedure simple for some is a nightmare with which they are unable to cope.

It is understandable to a degree that in the civil court litigants should be prepared for such expenses but in the criminal court such a charge is iniquitous. Justice must not be obtained at the price of attempts by Her Majesty`s Court Service to profit from inefficiencies of innocent parties or errors by prosecuting authorities.