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Dodgeball

Stat Dec and its time limits - Discussion

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54 minutes ago, Dodgeball said:

That is, does a SD presented out of time automatically and immediately render the previous conviction void.

 

I'll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside a conviction where the defendant was not aware of the proceedings.

 

When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction. The date they learned of the conviction is taken from their own declaration. It actually forms part of it. If you read the form which I posted in post #32 on Monday you will see what it says. I have attached an extract for you. The declaration (including the date the defendant found out about the conviction) is made verbally to the court and one of the Magistrates signs the form to certify it has been properly made. The declaration in its entirety is not challenged and no enquiries into its truth are made by the court.

 

If a person wants to make an SD outside 21 days the court may agree to hear it. The decision is theirs (that is the only decision they are called upon to make when it comes to an SD). They will agree if they believe that the defendant had good reason for making a late declaration. One of the most common reasons for lateness is where the defendant was unable to be given an appointment with the court within 21 days. In those cases the late declaration would be accepted almost invariably. In other cases they will listen to the defendant's explanation. They may question him on the circumstances surrounding the lateness in order to make their decision. If they agree to hear it then it is made in the same way as one which is made in time - that is, unchallenged.

 

In either case, once the declaration is made its effect is to set aside the conviction and any penalties that were handed down. There is no further enquiry; the SD, having been properly made and certified, is all that is needed. So the answer to your question is "yes". Once such an SD is made and certified it automatically and immediately renders the previous conviction void. In practice it may take a few days for the information to reach the necessary offices (e.g. the DVLA and the court's fines office) but the conviction is void as soon as the SD has been certified. 

 

The situation is slightly different where an SD is made elsewhere (say before a solicitor) but that need not concern us here.

 

I

 

 

 

form.PNG

Edited by Man in the middle
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What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?

 

HB Thanks, girl done well.

 

Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.

 

Anyway lets see if there is anything I have not cleared up already.

 

You say 

"'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."

 

So much for clarity. Below is what the section says

information; and

(b)within 21 days of that date the declaration is served on the [F1designated officer for the court],

without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.

 

Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti

 

"When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."

 

Noope The regulation says the court cannot interfere with the making of a SD,again completely different

 

Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.

 

To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.

 

Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.

 

Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.

 

One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.

 

 

 

 

 

 

 

 


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HB Thanks, girl done well.

 

Girl? :confused:


Illegitimi non carborundum

 

 

 

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I'm not out to score points. You asked a straightforward question and I gave a straightforward answer. The fact that it doesn't suit you is of no concern to me. I'm only concerned with posters being misled. If you want to argue the semantics of the language used (e.g. the difference between "void" and "set aside" or "must hear" and "cannot interfere with") I suggest you try elsewhere. The effect on the person making the SD is the same. 

Edited by Man in the middle

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HB. 

 

What's wrong with" Girl done good"? 

Not tripped over one of those politically correctness bumps have I. 

 

We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.

 

Apologies wherever necessary.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thread unlocked


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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