Statutory Declaration in Fare Evasion Cases

A statutory declaration is a formal sworn statement made before a solicitor or court official. In the context of fare evasion, it is used where a person has been convicted under the Single Justice Procedure Notice (SJPN) process without having been aware of the proceedings — for example, because the notice was sent to an old address, or because the details given to the revenue protection officer at the time of the alleged offence were incorrect or attributed to another person.

Under section 14(1) of the Magistrates’ Courts Act 1980, a person who was not aware of a summons or Single Justice Procedure Notice may make a statutory declaration within 21 days of becoming aware of the conviction. The effect of a statutory declaration is to set aside the conviction and require the case to be heard afresh.

The statutory declaration must be made within 21 days of the person becoming aware of the conviction. It is made before a solicitor, commissioner for oaths, or a court official, and sets out the circumstances: that the person was not aware of the summons or SJPN and did not know of the conviction until a particular date.

Once the statutory declaration is served on the court and the prosecution, the conviction is automatically set aside and the case is listed for hearing. The case then proceeds as if the summons had just been issued. At this stage, David makes representations to the prosecution seeking withdrawal of the case, or advises on contesting the matter at trial.

The 21-day time limit runs from the date on which the person first became aware of the conviction — not from the date of conviction itself. This is an important distinction: if you only discovered the conviction today, you have 21 days from today to make the declaration.

However, the court does have a discretion to allow a statutory declaration outside the 21-day period in exceptional circumstances. If you have missed the 21-day window, David advises on whether an application for extension is viable.

Once the statutory declaration is served and the conviction set aside, the case is relisted. The prosecution retains the right to proceed. David makes representations to the prosecution at this stage seeking discontinuance. If the prosecution does not withdraw the case, David advises on the available defences and the realistic prospects of contesting the matter at trial.