Amidst the bustling excitement of the Christmas season, it's not uncommon for important post to get overlooked in the flurry of festive activities. Imagine this scenario: amidst your Christmas preparations, you find a notice of fine or endorsement from the Magistrates' Court for a motoring conviction you were unaware of. This can be particularly startling during a period when your routine is disrupted by holiday festivities. However, there's no need to let this dampen your festive spirit, as you have the option to make a Statutory Declaration to address this unexpected issue.
Act quickly!
As we navigate the busy roads and hectic schedules of Christmas 2023, such occurrences might be more frequent than usual. If you discover that you've been convicted in your absence of a motoring offence, remember that prompt action is crucial. You must contact your local Magistrates' Court within 21 days of finding out about the conviction.
A statutory declaration form
You'll need to complete a statutory declaration form, detailing when and how you became aware of the court case. This will include providing specifics of the case, such as the location and date of the hearing. The court will then set a date for you to formally make your statutory declaration, where you'll swear an oath affirming your lack of awareness of the proceedings. It's vital to remember that making a false statutory declaration is a serious offence under the Perjury Act 1911, punishable by imprisonment, a fine, or both.
Once the conviction is set aside, you'll be required to confirm your plea for the original offence. Depending on your plea, the court may proceed to sentence or adjourn for trial.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
