Not knowing the law is never going to be a defence for breaking it! However, not knowing about a court hearing could be your saving grace to have a conviction or sentence overturned. How to go about this can be incredibly complicated depending on multiple factors but we have outlined in simple terms below what you can do if you discover a motoring conviction has been decided in your absence.
Statutory Declaration
A statutory declaration is a formal application to the court to have a case re-opened where you knew nothing about the prosecution. The effect of the declaration is to void the proceedings, including all penalties flowing from conviction. You cannot avoid conviction altogether by applying for a statutory declaration. If the court accepts your declaration they will start the proceedings again. Your conviction or sentence will no longer apply.
The most common example of this is where a person is stopped for a motoring offence and some months later they are summonsed to attend Court but they do not receive the Court summons or single justice procedure notice. In this situation you would be completely unaware of the court proceedings until you receive later communications about the conviction or sentence. It may be this takes some time eg. Bailiffs come knocking to recover unpaid fines.
When to make your declaration
Section 44.2(2)(a)(i) The Criminal Procedure Rules 2020 outlines the detailed rules on when you must make your application:
The defendant must —
(a) serve such a declaration on the court officer—
(i) not more than 21 days after the date of finding out about the case, or
(ii) with an explanation for the delay, if serving it more than 21 days after that date
What are the criteria?
The following criteria must be met for the declaration to be successful:
- your case must have started with a summons or requisition or written charge and single justice procedure notice;
- you did not know about the case; and
- acted on it not more than 21 days days after finding out about it
Can I make a declaration after 21 days?
Yes – if you want to make your declaration after 21 days, you’ll have to explain to the court the reason for the delay and ask the court if they’ll accept your statutory declaration form out of time.
How to make a statutory declaration
- Download a “Statutory declaration of ignorance of proceedings” form;
- Fill out the form telling the court how and when you heard about your court case;
- Sign and date your form;
- Arrange an appointment to make your statutory declaration;
- Give your declaration to the court, or your solicitors
At your statutory declaration appointment, you will declare under oath that you did not know about the case until after the trial.
In addition, you will have to serve with your declaration one of the following1:
- Notice of guilty plea with any representation that you want the court to consider in your absence; or
- Notice of intention to plead guilty at a hearing before a court; or
- Notice of intention to plead not guilty.
How could Geoffrey Miller Solicitors assist you with your case
We can assist whether you just want us to hear and sign the statutory declaration or you would like us to deal with the whole matter (from first hearing to trial or for sentence only).
Once the declaration has been made, the conviction would be set aside and the case will be sent back to the Police or Crown Prosecution Service. However, some Courts have been known to quash the conviction but re-list the matter straight away rather than insisting the case is started again from scratch.
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1 Comment
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Peter May
on March 20, 2025General Enquiry
Can failings in the Criminal Procedure Rules on methods of service and proof of service with regards to a Notice Of Intended Prosecution be subject to judicial review?
As I understand it, if a defendant accepts responsibility for a minor traffic offence, and the police accept a road traffic awareness course as punishment for the misdemeanour, but documentation to book awareness course has been delayed/missing, has resulted in the matter proceeding to the Magistrates Court, then this is subject to judicial review.
I understand a statutory of declaration of ignorance for proceedings can be served on the Magistrates, but would you advise doing that first before appealing to the Crown Court within the statutory time limit of 15 business days from sentence, conviction and/or order?
If the s142 of the Magistrates Court Act 1980 to reopen the case to rectify errors fails, and subsequently the appeal to the Crown Court is upheld (which I suspect it wouldnt for the reasons aforementioned), then would applying for judicial review be advised?
I understand that applying directly for judicial review immediately, forfeits all previous avenues of appeal.
All help greatly appreciated.
Mr May
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