Making a Statutory Declaration

If you are prosecuted for an offence in a Magistrates’ Court and the matter is concluded in your absence, for example this could be an alleged offence of speeding, then you can contact your local Magistrates’ Court and request to make a Statutory Declaration – that you were not aware of the proceedings against you, this is done on oath. You would have to satisfy the Magistrates’ of the facts.

How will this affect me?

That on making the Statutory Declaration your record is cleared of any punishment etc and the fine is also removed.

What does that mean?

That means that the prosecution authority (CPS/DVLA etc) would have a further six months, from the date of the Statutory Declaration, to investigate and re-issue the summons. Therefore, the authorities have another go at prosecuting you; an important note is that part of making the Statutory Declaration is that you have to give your correct name and address to the Court.

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