Discussion Sec 14 Statutory Declaration - can it be done by post?

[divination]

Does it need to be an appointment or can you send it by post?

 

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@honeybee13

 

8 hours ago, divination said:

Does it need to be an appointment or can you send it by post?

 

Hello and welcome to CAG. If you have a similar problem, it's best to start a new thread of your own. This one is for advising webboooo.

 

Best, HB

 

 

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@Bailiff Advice

 

8 hours ago, divination said:

Does it need to be an appointment or can you send it by post?

 

If a person has received correspondence or a visit from a bailiff, then almost certainly, he would want to have enforcement placed 'on hold' as quickly as possible and this will NOT be achieved by sending a Section 14 Statutory Declaration by post.

 

If a Section 14 Statutory Declaration is submitted by post, then he or she will receive a letter  from the court advising of the date and time when the individual will be required to attend a hearing IN PERSON.

 

 

 

 

Surely via post it can be at the court in 1-2 days.

Doesn't that put enforcement on hold?

 

How long will an appointment take?

Will they even be making appointments due to Covid19?

 

What happens at the appointment anyway?

[dx100uk]

own thread created

 

dx

[Man in the middle]

You cannot make an SD by post. It has to be made in person.

 

To avoid delay, instead of waiting for a court appointment you can make your SD before a solicitor.

They will make a small charge of £5-£10. You can then send the witnessed SD to the relevant court.

You can also make your SD before an officer of the armed forces of the rank of Major/Squadron Leader/Lieutenant-Commander or above.

 

It may be easier to find a solicitor, though, as I doubt many of those members of the forces know they are authorised to witness an SD or how to do so.

 

7 hours ago, divination said:

What happens at the appointment anyway?

 

You will be given a copy of the SD pro-forma to complete.

You need to enter your personal details and the details of the court case which led to the bailiff action.

 

You then need to verbally declare the information on the form before the person hearing your SD.

That person will not enquire into the truth of your declaration but will (or should) warn you that to make a false declaration will be an offence under the perjury act.

[divination]

Of course you can make it by post by getting it signed as you say then posting it. Even says it on the offical form.

 

I was more concerned with what happens if you attend court to do the SD.

Do you need to make a plea as well?

Edited March 18, 2020 by divination

[Man in the middle]

What offence or civil matter started this off?

[divination]

It was a fine for no car tax

[Man in the middle]

Then you must go before either a magistrate or a solicitor to make your SD. You cannot do this entirely by post. You must attend in person to make your SD in front of the person who is certifying it.

 

If you make it before a solicitor, once you have it certified then it can be sent by post to the court which imposed the fine. This has the effect of setting aside your conviction and fine and you will face the charge afresh.

 

If you make your SD in a Magistrates' Court you will almost certainly be asked to enter a plea to the original offence once your SD has been accepted.

[divination]

To be fair, I never said it can be done entirely by post, but questioned whether an appointment to attend the court was the only way or if you could send the SD to the court. The reply was that you'd still need to attend the court at some point, but that wasn't the issue.

 

I said that surely it's quicker to send the SD to the court by post, the result being enforcement paused on receipt rather than wait for an appointment to swear the SD at court, an appointment that could be days or a week away, or with the Covid19 situation even longer.

 

Advice that you must 'make an appointment' also doesn't consider whether the sentencing court is nearby or not.

 

For me if it was a choice of sending a sworn SD by 1st class signed for which would see enforcement paused within 48 hours, or making an appointment to attend the court at who knows when with enforcement remaining live until you attend the appointment, then the postal option wins every time.

 

[Man in the middle]

To be even fairer, I didn't suggest you must wait for a court appointment. In fact I made it clear that you need not: 

 

23 hours ago, Man in the middle said:

To avoid delay, instead of waiting for a court appointment you can make your SD before a solicitor.

They will make a small charge of £5-£10. You can then send the witnessed SD to the relevant court.

 

Your question asked whether the SD can be done by post, and it cannot. What happens after it has been "done" (i.e. sending it to the court) is a different question. But anyway, you seem to have hold of the right end of the stick.

 

1 hour ago, divination said:

Advice that you must 'make an appointment' also doesn't consider whether the sentencing court is nearby or not.

 

You can make an SD at any Magistrates' Court. It does not have to be the sentencing court.

 

But even at the best of times (and these are not the best of times) you will probably have to wait a couple of weeks for an appointment. If you make your SD before a solicitor you must serve it on the sentencing court within 21 days of learning of the proceedings that led to your conviction.

 

The same rule applies to those made in court but the court will accept a late SD if the reason you could not make it in time was because you could not get an earlier appointment.

[divination]

This has become rather garbled and out of context due to it being split from another thread. The poster Bailiff Advice was the one who said you must make an appointment, I questioned as to whether it would be simpler to send it by post and a mod seemed to take umbrage and moved the question here.

Your mention of it being a couple of weeks for an appointment highlights what I'm saying - make it by post and enforcement is suspended sooner.

 

The official .gov SD document muddies the water as to which court you must serve the SD by stating:

 

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Send or deliver the completed declaration to the court office for the magistrates’ court where the trial took place.

 

 

[Man in the middle]

I think (or hope) it's just terminology, but to emphasise: you cannot make your SD by post.

 

You must attend either a court (any Magistrates' Court) or a solicitor's in person to make it. After you've made it and had it certified it must be sent or delivered to the sentencing court.

 

If you make your SD at a solicitor's that job will fall on you. If you make it at a court, the court (if it is not the sentencing court) will do it for you.

 

Additionally, if you make it at a court (whether it is the sentencing court or not) you will almost certainly be asked to plead to the original offence immediately afterwards. If you plead guilty and the matter is straightforward you will be sentenced there and then. If you plead not guilty the matter will be adjourned for trial.

[divination]

That does trouble me. How can it be proper to ask someone how they plead without that someone having viewed the evidence?

 

And yes, it's just terminology. Obviously you need to have a SD sworn before sending it. My terminology is simply stating you serve the sworn SD in two ways - make it in person at the court or make it by post. Just substitute 'make' with 'serve' if it helps.

[honeybee13]

a mod seemed to take umbrage and moved the question here.

 

For the record, we asked you to start a new thread as per site rule 1.9. It isn't about being picky, it's how people get the best advice on their problems.

 

HB

 

[divination]

For the record, I merely let the OP know that a SD can be served by post and now they don't have that info on their thread.

[AndyOrch]

I think we have heard this argument numerous times before and already been discussed to death over the years.

 

You have your answer.....why ask the question if you won't accept the advice given.

 

Topic closed.