Statutory Declaration In Magistrates Court
Henrietta Naughton
By signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false. You can receive a fine of up to 600 penalty units, imprisonment for up to 5 years or both.
If the statutory declaration refers to a separate document, you must sign a certificate attached to the document identifying it as an exhibit to the statutory declaration. You can download a template for the certificate below.
The signature can be made electronically, for example by signing a PDF version on a tablet, smartphone or laptop using a stylus or finger. You can also physically sign a hardcopy version of the document and then scan it.
As with most issues, obtaining legal advice at an early stage is crucial. If you would like to discuss any aspect of your case, please contact us through our contact page here. Alternatively you can phone 0333 240 7373, or email us at in...@reeds.co.uk.
I have sat in court when Magistrates and legal advisers cross-examine those giving statutory declarations. They do sometimes do this in order to determine whether they are telling the truth or are spinning a complex web of lies. This is not correct, and I have, on occasion, intervened when I have seen unrepresented members of the public being dealt with inappropriately.
If you discover that you have been convicted of a road traffic offence in your absence, 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. You can contact us at in...@reeds.co.uk
To make a statutory declaration, complete the online statutory declaration form and print it out, or download and complete the Word or PDF form (below), then have it witnessed by one of the many people authorised to do so (refer to the list of authorised witnesses below). You may also obtain a copy from most court registries and police stations.
In recognition of the deep history and culture of this Island, we acknowledge Tasmanian Aboriginal people, the original and continuing Custodians of the Land, Sea and Sky. We acknowledge and pay our respects to all Tasmanian Aboriginal people, all of whom have survived invasion and dispossession, and continue to maintain their identity, culture and Aboriginal rights
New and revised forms published on or after 5 June 2017 have been notified in compliance with section 48(5) and (6) of the Acts Interpretation Act 1954 (AIA). Accordingly, the form links on this webpage to those forms contain the version number and date of first publication of that form version.
New and revised forms published before 5 June 2017 have been notified in compliance with section 48(5) AIA by notification in the gazette. The form links on this webpage to those forms do not contain the version number nor first publication date.
On 30 April 2022, the Justice and Other Legislation Amendment Act 2021 (JOLA) commenced. JOLA made permanent many of the temporary measures which had been introduced during the COVID 19 emergency, including the capacity to remotely witness and/or electronically sign statutory declarations and affidavits under the Oaths Act 1867 (Oaths Act).
Fact Sheets have been created by the Department of Justice and Attorney-General to assist with understanding who can witness a statutory declaration and who can sign a statutory declaration as a substitute signatory.
A statutory declaration is a written statement in which the person (called a declarant) formally declares before an authorised person that the statement is true. A statutory declaration is different from an affidavit in that it is not sworn or affirmed. A JP or CD is authorised to take a statutory declaration.
Statutory declarations have a wide variety of uses. In some cases, the law requires information to be supplied in the form of a statutory declaration. Insurance companies, banks, educational institutions, employers, clubs, government departments and other organisations often require information to be provided in the form of a statutory declaration. While statutory declarations are much less complex than affidavits they still carry a serious penalty for a false declaration.
There are different versions of statutory declarations, but those made for a purpose under Tasmanian law must be in the form set out in section 14 of the Oaths Act 2001 (Tas). This is an example of a statutory declaration
A statutory declaration made for a purpose under Commonwealth law begins with the same words as a declaration under Tasmanian law. It must be in the form prescribed by section 8 of the Statutory Declaration Act 1959 (Commonwealth). The only difference between State and Commonwealth statutory declarations is the closing clauses. A Commonwealth declaration includes these words
You do not have to make a Victim Impact Statement if you do not want to. It is your choice. If you decide not to make one, the court will still hear about how the crime affected you through the other evidence presented in the court case.
For some people writing a Victim Impact Statement can bring up strong emotions about the crime, or it can just be difficult to know what to include. You can get help and emotional support to write your statement.
This is because there are laws about what evidence is allowed in court (admissible evidence) and what is not allowed (inadmissible evidence). The most important thing to remember is your Victim Impact Statement should only be about how you have been affected by the crime.
By signing the statutory declaration, you agree your statement is true. You can be charged with making a false statement (perjury) if you include information you know is not true. You must be as accurate as possible with the information in your Victim Impact Statement.
Some people find it useful to think about how their life has changed since the crime, and how they see their future. When a crime has caused the death of a loved one, you might want to describe how your life has changed, and what you miss most about them.
A statutory declaration is a written statement declaring that the facts in the statement are true to the best of the knowledge of the person making the declaration. The law around this document are governed by the Statutory Declarations Act 1835. The Act states that statutory declarations are required:
2. Where a landlord and a tenant wish to enter into an agreement to surrender an existing business tenancy at a future date, they must follow one of two procedures for the agreement to be valid and effective: the advance notice procedure or the statutory declaration procedure.
You can draft a statutory declaration yourself or download an online form. However, often prescribed templates must be used, and the relevant authority will provide the form and set out what formalities are required. To ensure your statutory declaration is valid, having a qualified solicitor drafting one for you is always safest.
Once you have the form, carefully fill it out, providing accurate information about when and how you became aware of your court case. Include essential details such as the location and date of your hearing.
After completing the form, arrange an appointment to make your statutory declaration. This can be done before a solicitor or at any magistrates' court. Sign and date the form once you have made your declaration.
Statutory declarations are important legal documents that carry significant weight in various situations. They serve as written statements declaring the truthfulness of the facts provided. While individuals can draft their declarations, seeking a qualified solicitor's assistance is advisable to ensure validity.
This means that a case can start and proceed through trial and even sentence without someone even being aware an offence has been alleged. For some, the first time they hear about it is when they receive a notice of financial penalty.
The first option is to make a statutory declaration. This is a sworn statement that you did not know about the hearing. Under the Statutory Declarations Act 1835, the defendant's declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates' Courts). The person who hears the declaration need not enquire into the truth of it.
Alternatively, if you were not told about a hearing, you can apply to the Magistrates Court to re-open the proceedings under Section 142 of the Magistrates Court Act 1980. The test is whether or not it is in the interests of justice to re-open proceedings. This will normally be where the Court has not taken into account information or there has been an error of law.
There is a great deal of case law which identifies that this must relate to a mistake made by the Court, but this can extend to information which was not available to the Court at the time the decision was made.
A Mainland woman was charged with one count of making false representation to an immigration officer and one count of making a false statutory declaration at Sha Tin Magistrates' Courts and was sentenced to 12 months' imprisonment and fined $1,000 on August 23.
The 23-year-old defendant arrived in Hong Kong as a visitor and went to an Accident and Emergency Department on August 6 for delivery without prior booking. Investigation revealed that the defendant was asked by an immigration staff member about her pregnancy status upon arrival clearance at Hong Kong International Airport and she claimed she was not pregnant. Moreover, when registering the birth of her newly born daughter at the birth registry on August 21, the defendant made a false statutory declaration to the registration officer that she had come to Hong Kong to take care of her elder Hong Kong-born daughter and had no intention to give birth in Hong Kong.
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