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Showing content with the highest reputation on 17/11/19 in all areas

  1. 1 point
    We know of no such thing so please don't unnecessarily worry the OP. On the contrary what we do know is that the court has no discretion but to hear the Statutory Declaration provided it is made within 21 days of learning about the conviction (with which the OP will be compliant) and it has no power to "reject" it once it has been heard. It is simply witnessing the declaration as it is made. It has no authority to enquire into the veracity or otherwise of the declaration. The only discretion is has is whether to hear the SD if it is to be made outside the 21 days since learning of the conviction but if it is decided to hear it then it must be heard unchallenged in the same way. Hearing an SD is not an enquiry into the circumstances that led to it having to be made nor is it concerned with the circumstances of the original offence(s). It removes the conviction, voids any penalties (both financial and anciliary such as points or disqualification) and allows the prosecution to recommence proceedings as they think fit. In that respect it is very much a "done deal" and the OP should not be given the impression that she will be grilled in court. That may come later when the original offences are dealt with but not until the SD has been made. I don't know what "reply" you are speaking of but no such enquiries will be made. All she has to do is to swear (as part of the SD) when and how she learned of her conviction. I have never heard of an SD being "rejected" for the simple reason that the person or body hearing it has no discretion to do so. The OP has to go to court on Wednesday and it really doesn't help to bandy about such misleading information.
  2. 1 point
    It looked like that to me too - maybe hold fire with your letter for 24 hours to see if EB comes on. It's highly unlikely they will take you to court after an EB snotty letter, but if they did their carp signage & the fact the case is prohibition would see them off.
  3. 1 point
    The OP has the correct advice......lets not turn this into a discussion thread as per usual Dodgeball. Posts unapproved and thread tidied. Andy
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