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wild_goose
Hi
I have to go into my local Magistrates Court tomorrow to make a Statutory Declaration to the effect that I didn't know I'd been sent a NIP regarding a speeding offence, owing to the fact I spend a fair bit of time away from home with work.

A couple of questions:-

(a.) what does it involve and
(b.) what happens afterwards?

Thanks for any advice
The Rookie
You can't make a stat dec to that effect - you would present that information in court as a defence so a lot more info needed, have you been summonsed and missed the court date as well?

Start with the NIP wizard (top right) have the output posted into the thread.

Supply a time line of what has happened since.

Simon
wild_goose
Yes
I missed the court appearance
I have been sent several reminders prior to this and then my licence was revoked.
I got in touch with the Courts to tell them I'd been away from home and explained the same to DVLA, who reinstated my licence.
The Courts said I'd have to go in and make a Statutory Declaration which is this morning.
andy_foster
Sorry mate, the crystal ball's still on the blink.

Did you receive a summons before the hearing date?
wild_goose
Yes
as far as I can recall, I got all of the documentation in the correct order.

I only need to go to the Courts to say that I was unaware I was being prosecuted for speeding. What does the SD involve and what happens afterwards?
The Rookie
Hold on...

You got a summons, so were aware you were being prosecuted! What did you do then? Why did you not attend, if you couldn't attend what did you do about it?

If you were unaware you had been found guilty, then all you have to do is supply licence for points and pay fine, no need for stat dec.

Please supply a timeline of what has happened from the first NIP until now, list what you recvc, what you did about it etc.

Simon
wild_goose
I can be away from home with work for lengthy periods.
I came home from business to find the whole thing had transpired in my absence.
The summons, along with all the other reminders was in the pile of mail that I had on my mat.
I've no idea what arrived in what order but it's reasonable to assume that it all arrived in the correct order.
I didn't attend because I wasn't aware any of it was happening.
nemo
QUOTE (District Judge's handbook)
Statutory declarations may be made under s.14 of the Magistrates’ Courts Act 1980 where the applicant declares that he did not know of proceedings issued against him by way of summons. If the declaration is accepted, the proceedings to date will be cancelled but the prosecution has a discretion to start proceedings again. You do not have to consider the truth of the declaration but simply certify that it has been made.

Checklist:

● Application made within 21 days of the date when knowledge of the proceedings first came to notice with discretion for court to accept late applications.
● Applicant warned of consequences of making a false declaration.
● Applicant signs and dates the written declaration.
● Applicant recites declaration (‘I do solemnly and sincerely declare and affirm that the contents of this my declaration are correct and I make this solemn declaration conscientiously believing the same to be true’).
● Declaration signed by district judge.

wild_goose
QUOTE (nemo @ Tue, 14 Oct 2008 - 10:08) *
You do not have to consider the truth of the declaration but simply certify that it has been made.



What does that bit of wordy-speak mean?
southpaw82
It means that the judge does not have to enquire into the truth of what you're saying but merely has to sign to say that you said it.
andy_foster
wild goose,

We're not concerned (for the time being) about what landed on your doormat, and when.
The only issue regarding the statutory declaration is whether you received the summons before the hearing. At any time before the hearing, did you have in your hands the envelope containing the summons, and then open and read it?
Whether or not (and/or when) you received any other paperwork not relevant at this stage. It is only relevant to the trial (which will be sometime after the SD is accepted).

The SD declares that you were not aware of the summons before the hearing. It doesn't matter why you were not aware of it, or what else you were or were not aware of.

The guidance to the magistrates quoted by nemo states that they do not need to consider whether or not they believe you, they merely record that a declaration has been made.
The effect of the SD is that any related conviction is set aside (quashed), and any enforcement for fines, etc.
The case will probably be re-opened and re-heard, but this will not happen at the SD hearing.

[edit: s. 14 MCA is correct - assumed that it was a typo of s. 142 icon_redface.gif]
wild_goose
I wasn't aware of the summons' existence and consequently didn't open it (or have it in my hands) prior to the hearing.

How do I prove that I've been away with work?

southpaw82
For the purposes of the statutory declaration you do not need to.
wild_goose
QUOTE (southpaw82 @ Tue, 14 Oct 2008 - 11:05) *
For the purposes of the statutory declaration you do not need to...


...which brings me smartly on to the second part of my enquiry, what happens afterwards?
andy_foster
QUOTE (wild_goose @ Tue, 14 Oct 2008 - 11:47) *
QUOTE (southpaw82 @ Tue, 14 Oct 2008 - 11:05) *
For the purposes of the statutory declaration you do not need to...


...which brings me smartly on to the second part of my enquiry, what happens afterwards?


If you mean as regards the re-run trial, what happens is that if you don't tell us the details, we can't help.
wild_goose
You've effectively answered my question
there is a re-run trial.

Of the offence itself, there's not much to say, it took place on a section of dual carriageway which is capped at 50mph for some reason; I was clocked at 62mph.

I think a booking for 62mph on a proper dual carriageway section with correctly reinforced central crash barrier is a little harsh but these are the times we live in; I'm quite happy to cough for an offence if they've proved I was speeding. If there's to be a re-run trial then all I ask is that I know it's taking place.
wild_goose
So will I be allowed to do this re-run trial by post?
nemo
QUOTE (wild_goose @ Tue, 14 Oct 2008 - 13:06) *
So will I be allowed to do this re-run trial by post?

How do you intend to plead ?
andy_foster
And what have you been charged with?
The Rookie
What is the summons for, speeding, or S172 (failing to ID driver)?

Did you ever complete the driver nomination form?

Simon
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