What Happens at a Statutory Declaration Hearing in England?
A statutory declaration hearing is a legal process in England used to overturn a conviction or judgment that has been made without the defendant’s knowledge. If you’ve been convicted of an offence, such as a driving or minor criminal offence, and were unaware of the court proceedings due to not receiving the summons, you may be able to make a statutory declaration to have the conviction set aside.
What Is a Statutory Declaration?
A statutory declaration is a formal statement made under oath, declaring that you were unaware of legal proceedings that resulted in a conviction or penalty. In England, statutory declarations are most commonly used in relation to driving offences, such as when a person is convicted for failing to respond to a speeding ticket or court summons but did not receive notification of the proceedings.
If the court accepts your statutory declaration, the original conviction or penalty is set aside, and the case may be re-heard or dismissed altogether, depending on the circumstances.
Common Reasons for Making a Statutory Declaration
People typically make statutory declarations when they have been convicted or fined without their knowledge, often due to administrative errors or miscommunication. Common reasons include:
- Not Receiving Court Summons or Notices: You may not have received the court summons or notice due to a change of address or postal issues.
- Conviction Without Knowledge: If you were convicted in your absence and were unaware of the hearing, a statutory declaration can be used to have the conviction overturned.
- Driving Offences: Statutory declarations are commonly used for driving-related offences, such as speeding, failure to provide information, or driving without insurance, where the defendant did not receive the notification.
Legal Requirements for a Statutory Declaration
To file a statutory declaration, you must meet certain legal requirements. These include:
- Timeframe: You must make the statutory declaration within 21 days of becoming aware of the court proceedings. If more than 21 days have passed, you must explain the delay to the court.
- Valid Reason: You must have a valid reason for not responding to the summons or attending the hearing, such as not receiving the notice or being unaware of the conviction.
- Form and Oath: The declaration must be made on a specific form and signed under oath before a magistrate or solicitor.
How to Apply for a Statutory Declaration
The process of making a statutory declaration involves several steps. Here’s how you can apply:
1. Obtain the Statutory Declaration Form
You can obtain the statutory declaration form from your local magistrates’ court or download it from the UK government website. This form will require you to state the details of the conviction or penalty, along with your declaration that you were unaware of the proceedings.
2. Schedule a Hearing
Once you have completed the form, you will need to schedule a hearing at a magistrates’ court. The hearing allows you to formally present your statutory declaration to the court.
3. Make the Declaration
At the hearing, you will make your statutory declaration under oath in front of a magistrate. You will be asked to confirm that you were unaware of the original court proceedings or penalty and explain the reasons why.
4. Provide Evidence
If necessary, you may be asked to provide evidence to support your claim, such as proof of a change of address, postal issues, or any other relevant documentation showing why you did not receive the court notice or summons.
What Happens at a Statutory Declaration Hearing?
A statutory declaration hearing is typically held in a magistrates’ court, where you will appear before a magistrate or legal advisor. Here’s what you can expect during the hearing:
1. Attendance and Representation
You must attend the hearing in person unless otherwise instructed. While you can represent yourself, it may be beneficial to have a solicitor present to guide you through the process and present your case effectively.
2. The Declaration
During the hearing, the magistrate will ask you to make your statutory declaration. This involves reading out your formal statement under oath, declaring that you were unaware of the court proceedings or conviction. You will need to confirm that your statement is true and that you had no knowledge of the original summons or hearing.
3. Review of Evidence
The magistrate may review any evidence you present to support your claim, such as proof of a change of address or confirmation of postal delivery issues. The court will consider whether your reasons for not attending the original hearing or responding to the summons are valid.
4. Setting Aside the Conviction
If the court accepts your statutory declaration, the original conviction or penalty will be set aside. This means that the conviction is essentially cancelled, and you are no longer liable for any fines or penalties associated with it.
5. Re-Hearing the Case
Once the conviction is set aside, the court will decide whether to schedule a re-hearing of the case. In some instances, particularly in minor driving offences, the court may choose to dismiss the case altogether. In other cases, the case will be re-opened, and you will have the opportunity to defend yourself.
6. Court Decision
The magistrate will make a decision based on the evidence and your declaration. If the statutory declaration is accepted, the conviction or penalty is overturned, and the matter may be concluded or re-heard. If the declaration is not accepted, the original conviction stands, and you may face additional penalties.
Possible Outcomes of a Statutory Declaration Hearing
The outcome of a statutory declaration hearing can vary depending on the circumstances of your case. The main possible outcomes include:
- Conviction Set Aside: The court accepts your declaration, and the original conviction or penalty is cancelled. If this occurs, you may not face any further action.
- Re-Hearing: The court sets aside the conviction but decides to re-open the case. You will be notified of a new hearing date where the case will be heard again, giving you the opportunity to present a defence.
- Conviction Upheld: If the court does not accept your statutory declaration, the original conviction and penalties will remain in place, and you may be liable for additional court costs or fines.
Recent Statistics on Statutory Declaration Hearings
Here are some key statistics related to statutory declaration hearings in England:
- In 2022, approximately 30,000 statutory declarations were made in relation to driving offences, highlighting the importance of this process for individuals unaware of legal proceedings.
- Of those making statutory declarations in 2022, around 70% were related to fines for driving offences, including speeding and failure to provide information.
- The success rate of statutory declarations being accepted by courts has remained high, with 85% of declarations resulting in convictions being set aside or re-hearings being scheduled.
These figures illustrate that statutory declarations are a common and effective legal tool for individuals unaware of their court proceedings.
Can You Appeal the Outcome of a Statutory Declaration Hearing?
If your statutory declaration is refused, and the conviction is upheld, you may have the option to appeal the decision. Appeals are typically made to a higher court, such as the Crown Court, where the case will be re-examined. Seeking legal advice before appealing is crucial, as the appeal process can be more complex.
Conclusion: What to Expect at a Statutory Declaration Hearing in England
A statutory declaration hearing is an essential legal remedy for individuals who have been convicted or penalised without their knowledge. By making a statutory declaration, you can have the conviction set aside and, in some cases, avoid further penalties. The process involves submitting a formal declaration under oath and presenting evidence to support your claim that you were unaware of the original proceedings.
With a high success rate for accepted statutory declarations, this process is an effective way to challenge unfair convictions due to administrative errors or miscommunication. If you find yourself in this situation, understanding what happens at a statutory declaration hearing can help you navigate the process with confidence and improve your chances of a favourable outcome.
Thank you for reading this post, don't forget to subscribe!
Notice: Informational Content Disclaimer
The content provided on this website, including articles, blog posts, and other informational materials, is intended for general informational purposes only. It is not intended as, and should not be considered, legal advice.
Visitors to this website should be aware that the information presented here is not a substitute for seeking legal advice from a qualified solicitor or legal professional. Each individual's legal situation is unique, and the information provided may not be applicable to specific circumstances.
If you require legal advice or have specific legal questions, we encourage you to contact us directly. Our experienced team of solicitors is here to assist you with your legal needs and provide tailored advice to address your concerns.
Please be advised that any communication through this website, including the use of contact forms or email, does not create a solicitor-client relationship. Confidential or time-sensitive information should not be sent through this website. To establish a solicitor-client relationship and discuss your legal matters in detail, please contact us for a consultation.
We strive to provide accurate and up-to-date information, but we make no representations or warranties regarding the accuracy, completeness, or suitability of the information contained on this website. We shall not be liable for any reliance placed on the information provided herein.
Thank you for visiting our website. We look forward to the opportunity to assist you with your legal needs.