Statutory declaration driving offence

What is a statutory declaration? Is a statutory declaration fair? If you make one within days of becoming aware of the fact that there are either ongoing proceedings, or you have been convicted of an offence without your knowledge, then the original proceedings or a stage in the proceedings is deemed void. Therefore the Prosecution are allowed to instigate fresh motoring offence proceedings even though it is more than months from the original offence.

A statutory declaration is a formal application to the court to have a case re-opened where you knew nothing about the prosecution. The most common example of this is where a person is stopped for a motoring offence and some months later they are summonsed to attend Court but they do not receive the Court summons. In this situation you would be completely unaware of the court proceedings until the conviction and sentence letter is received some days later. You will automatically be granted the opportunity to make a statutory declaration if you make the request within days of finding out that you have been convicted of an offence.

Beyond days it may be refused at the discretion of the Magistrate. If you find out you have been convicted in your absence you must act quickly. For offences such as littering from a vehicle , you should name the person responsible , even if you were the driver at the time. If the penalty notice is under a company name, then an authorised person from your company must nominate the driver or person responsible.

The Lord Chief Justice has authorised a new form of statutory declaration for use in connection with rule 37. Criminal Procedure Rules where a defendant did not know about a case until. Form Form PE3: Challenge an unpaid penalty charge notice. Making a false statutory declaration is a criminal offence and can have long-term impacts on your life.

Even if you lied about on a statutory declaration form about a traffic offence – as many false statutory declarations do – you are not committing a traffic offence, but a criminal offence. Where the Offence Occurred. The offence occurred near Cannock and his case was listed before Cannock Magistrates’ Court. If you have been convicted and you did not know that there was case against you then you can make a statutory declaration. The declaration cancels the conviction, sentence, fine, penalty points and driving disqualification.

It then resets the case back to the start so you can plead guilty or plead not guilty and go to trial. Offences are committe regardless of whether the vehicle is being used. How will the DVLA proceed? If a road fund licence has not been purchase in the absence of a SORN declaration , the offence of being the registered keeper of an untaxed vehicle is committed.

You can be charged with a criminal offence if the information is false. Statutory Declaration. They will consider and process your application and notify us directly.

The statutory declaration is a daily event for the court but has to be performed within days of you finding out about the prosecution so needs to be done before you go away. I am aware that James Kemp has been charged with low range drink driving and that he is pleading guilty to this offence. James has been employed as a driver for my business for just over years.

He transports meat products to the local butchers in Wellington and to other local towns, including Dubbo and Gulgong. Ensure you complete all applicable sections and have the form witnessed by an authorised person, as stated at the bottom of the form. If you discover that you have been convicted of a road traffic offence in your offence , we can arrange for you to swear a statutory declaration and serve it on the court. Should you then need further assistance, we would be more than happy to help.

I nominated a female driver incorrectly. This has been identified by SDRO. SDRO again sent me a letter stating that parking officer identified a male driving at the time of parking offence , which is true.

If you receive an infringement notice as the registered owner of the vehicle, but you weren’t driving the vehicle at the time of the offence, you must complete a statutory declaration. If you know who was driving the vehicle, in the statutory declaration you must state the name and address of the person who was driving the vehicle at the time of the offence. A statutory Declaration (SD) is made when a person is convicted of an offence but they had no knowledge of the court proceedings against them which led to their conviction. But you say you have not been convicted of anything.

In other words, the person who was driving the vehicle receives the penalty—not the registered owner. For the transfer of liability of the offence to occur, a statutory declaration must be completed. Who can make this type of statutory declaration? There are several options available as to who may make these types of declarations.

For traffic offences , there are commonly types of tickets issued: 1. To the Director, Road Safety Camera Office. Judge-alone trial in a District Court.