Statutory Declaration

[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

[Guest Ting]

Again no offence to the good people of this forum but on such an issue i recommend you try the 'pepipoo' forum for a fast response on that.

 

Given the timescale there are more likely to be people in the 'speeding' forum there who can answer quickly.

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[lamma]

edited out - replied as per a parking case and this is not.

Edited October 14, 2008 by lamma

[Guest Ting]

I would have said so but for a speeding case maybe he has to do it at Mags?

 

Can't see how CC could be involved? Feel free to educate me lamma.

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[patdavies]

As it is speeding, it is a criminal matter, not civil; it is for magistrates.

 

Also, it is not a statutory declaration. You need the correct forms from the court in order to request that judgement is set aside. If accepted by the magistrates, this will put you back to the summons stage and they will also set a new trial date.

 

What I don't understand is why this is about not receiving a NIP: that should have been argued at trial. Did you not receive a summons to answer the charge(s)?

 

(BTW, if you did not receive a NIP, then it is likely that you will have been charged with failing to supply rather than speeding)

[lamma]

correct Pat. have amended. reading too fast... thanks for the pick up.

[Guest Ting]

They seem to be sorting him out on PePiPoo. I thought Mags but a District Judge was mentioned so maybe CC after all?

 

Likely Re-trial as Pat said above apparently.

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[patdavies]

They seem to be sorting him out on PePiPoo. I thought Mags but a District Judge was mentioned so maybe CC after all?

 

Likely Re-trial as Pat said above apparently.

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No, a DJ can sit alone in place of a panel (bench) of magistrates.

 

DJs are not civil only. They tend to be used in Magistrates' Court to ease workload or, since they are knowledgeable of the law - unlike lay magistrates who rely on the clerk for legal advice - in cases where the law may be more complex than in most summary cases.

[Guest Ting]

No, a DJ can sit alone in place of a panel (bench) of magistrates.

 

DJs are not civil only. They tend to be used in Magistrates' Court to ease workload or, since they are knowledgeable of the law - unlike lay magistrates who rely on the clerk for legal advice - in cases where the law may be more complex than in most summary cases.

 

Ah.

 

Thanks for that Pat.

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