Convicted in Absence Solicitors | Reopen Your Case | UK

The second method involves making a statutory declaration under Section 14 of the Magistrates’ Courts Act 1980. Specifically, this is a formal sworn statement confirming that you knew nothing about the court proceedings until after you were convicted.

When Statutory Declarations Apply This method is appropriate when:

• You never received the court summons or requisition
• The summons was sent to an old or incorrect address
• You were completely unaware of the prosecution
• You only discovered the conviction when you received the conviction notice

Strict Legal Requirements For a statutory declaration to be valid, the following criteria must be met:

1. The case started with a summons or requisition (not an arrest)
2. You genuinely knew nothing about the proceedings until after conviction
3. You make the declaration within 21 days of finding out about the conviction (although this time limit can be extended in appropriate circumstances)

The 21-Day Time Limit Importantly, you must act quickly. Moreover, the 21-day deadline starts from when you first knew about the conviction—not when you received the paperwork. Therefore, immediate legal advice is crucial.

However, courts can extend this deadline in appropriate circumstances. Consequently, even if you’ve missed the 21-day deadline, contact our convicted in absence solicitors immediately. Furthermore, we can argue for an extension based on:

• Exceptional circumstances preventing earlier action
• Administrative delays in receiving documents
• Health issues or personal emergencies
• Other factors beyond your control

How to Make a Statutory Declaration The declaration must be made before someone authorised to witness it, including:

• A solicitor (which we can arrange)
• A magistrate at court
• A commissioner for oaths
• Certain other authorized individuals

Our convicted in absence solicitors can witness your statutory declaration. Moreover, we can prepare it properly to ensure it meets all legal requirements. Alternatively, we can accompany you to court to make the declaration there, which often speeds up the process.

What Happens After the Declaration Once your statutory declaration is properly made and submitted:

1. The conviction is automatically quashed – it’s as if the conviction never happened
2. The case is sent back to the police or Crown Prosecution Service
3. A new summons or requisition is issued to restart the proceedings
4. You can now defend the charge properly with legal representation

However, some courts re-list the matter immediately rather than sending it back to the prosecution. Therefore, having legal representation ready is essential.

Criminal Offence Warning Making a false statutory declaration is a serious criminal offence. Specifically, if you lie in your declaration, you can be prosecuted for perjury, which carries up to 7 years’ imprisonment. Therefore, you must only make a statutory declaration if you genuinely knew nothing about the proceedings.

Consequently, honesty is essential. Moreover, our convicted in absence solicitors will discuss your situation thoroughly to ensure a statutory declaration is the appropriate route for your case.