How to Make a Statutory Declaration

A statutory declaration is a written statement that is used in many different legal scenarios. Statutory declarations are especially important in motoring law for purposes ranging from challenging fines to asserting facts related to vehicle insurance.

In the following guide, our motoring law experts break down the uses of statutory declarations and explain how they can be made.

About Statutory Declarations

A statutory declaration is used to confirm that something is true to the best knowledge and belief of the person making the declaration. Within the context of motoring law, a statutory declaration can be crucial in proving or disputing details that have a significant bearing on the outcome of a case. It is a statement made under oath and must be completed with absolute accuracy to avoid legal penalties.

Key Components of a Statutory Declaration

The creation of a statutory declaration requires close attention to ensure no mistakes are made and that there can be no confusion about the statement made. Here are the essential components that must be included:

• Full name and address: the statutory declaration form must contain the complete name and address of the declarant to properly identify them.
• A clear statement of intent: the document must include a clear statement that it is being made as a statutory declaration under the rules of the Statutory Declarations Act 1835.
• Factual content: the facts to be declared must be outlined in clear, direct language. These facts form the core of the declaration and must be presented accurately and truthfully.
• A statement of belief: the declarant must sincerely declare that the facts presented are true to the best of the declarant's knowledge; this is essential. The declarant's decision to make a statement is a solemn declaration, conscientiously believing that doing so carries weight and that anything they include that might be untruthful could bring serious consequences.
• Date and location: recording the date and location of making the declaration is mandatory as it provides the context in which the declaration is made.
• Signature: the declarant's signature validates the declaration, making it legally binding.
• Witness details: a witness, such as a solicitor, magistrate or commissioner for oaths, must sign the declaration, and their details must be provided to confirm the authenticity of the document.

Common Scenarios in Motoring Law Where a Statutory Declaration is Required

A statutory declaration may be relevant in a number of situations within motoring offences, including when re-opening court proceedings after already being convicted or sentenced. A statutory declaration is a chance for a party to declare the truth under oath, and request the court to restart proceedings following a conviction or sentence when they were unaware of proceedings. 

What is the Procedure for Making a Statutory Declaration?

The process of making a statutory declaration is precise and must be followed accurately for the legal document to be valid:

1. Speak to a specialist solicitor: before you make any decisions in a motoring law case, you should seek professional legal advice. Motoring law is complex and any mistakes can lead to significant unnecessary penalties. A solicitor can guide you through the entire process of organising a signed declaration.
2. Find a qualified signature witness: approach another solicitor, magistrate or commissioner for oaths who are authorised to witness statutory declarations. Your current solicitor will be able to help you arrange this.
3. Sign in their presence: you must sign the declaration in the presence of the witness, affirming the truthfulness of the contents.
4. Have the witness sign: the witness must then sign the declaration and provide their details, certifying that the document has been duly signed and declared.

Your solicitor will then present the statutory declaration form to the relevant court, ensuring it is processed properly and considered in your case.

How Long Do I Have to Make a Statutory Declaration?

If you plan to make a statutory declaration regarding a criminal offence that you or someone else is being prosecuted for, you must make sure to submit it within 21 days of the date you were first notified about the case. Your solicitor will ensure you are aware of this deadline and will make sure you submit the form in time.

If you miss the deadline, you may be able to have it extended, but you will need to be able to provide the court with a good reason as to why this happened. Whether the court agrees to this or not will depend on the specific circumstances of your case and how valuable it believes the information to be.

Mistakes to Avoid

The creation of a statutory declaration is a serious legal process, and mistakes can have consequences:

• Delays: failing to meet the deadline can lead to the loss of legal rights or opportunities.
• False declarations: making false declarations is a legal offence that can lead to severe penalties, including fines or imprisonment.
• Oversights or inaccuracies: any crucial details left out or the inclusion of inaccurate information can lead to the declaration being considered invalid, potentially leading to legal complications.

Why Seek Legal Advice When Making a Statutory Declaration?

Navigating a motoring offence prosecution can be daunting and confusing. JMW's motoring offences team has a wealth of experience in assisting clients with statutory declarations specific to motoring law. We cannot understate how important it is that you get your statement correct the first time and in a timely manner. With JMW at your side, you can be confident that you have award-winning specialist legal experts to fight your corner.