If you have discovered that you were convicted of a fare evasion offence without your knowledge, perhaps because court documents were sent to an old address or you were unaware proceedings had been issued, you may be able to reopen your case using a process called a Statutory Declaration.
What is a Statutory Declaration? A Statutory Declaration is a formal legal statement sworn before a solicitor or court official in which you declare that you did not know about the court proceedings or conviction. Once accepted by the court it has the effect of setting aside, quashing, the original conviction and reinstating your right to enter a plea and be heard.
Who is eligible to make a Statutory Declaration? You may be eligible if you were convicted in your absence under the Single Justice Procedure, were not aware of the proceedings at the time and are making the declaration within 21 days of becoming aware of the conviction or in some cases applying for permission to do so out of time.
What happens after a Statutory Declaration is accepted? Once the declaration is accepted the conviction is set aside. The case is then relisted and you are given the opportunity to enter a plea. You are back to the same position as if you had received the SJPN and responded in time which means there is still an opportunity to negotiate a resolution with the prosecuting operator and potentially avoid a further conviction.
Is it always possible to make a Statutory Declaration? Not always. The 21 day time limit is strictly applied and applications made out of time require the court’s permission. The court will consider why there was a delay in making the application and whether it is in the interests of justice to allow it.
Discovered a Conviction You Knew Nothing About? Call Samir Moftah Immediately. Time is critical. The 21 day window to file a Statutory Declaration begins from the moment you become aware of the conviction. Samir Moftah at Manak Solicitors will move quickly to protect your position and give you the best possible chance of having the conviction set aside. Contact Samir today for a free 15 minute initial discussion where he will set out exactly how he can help with your case. 01689 870769 07731 868916 litigation@manaksolicitors.co.uk
