KembaraXtra - Legal Terms - Statutory Declaration

1. Introduction A statutory declaration is a formal written declaration of fact made by a person who solemnly affirms that the contents of the declaration are true. Unlike an affidavit, a statutory declaration is not sworn on oath but is made under the authority of statute before a person authorised to administer declarations, such as a Commissioner for Oaths, solicitor, or other authorised official. It is commonly used where legislation or administrative procedures require a formal declaration but do not require evidence to be given on oath. The declaration carries significant legal weight because knowingly making a false statutory declaration constitutes a criminal offence. Consequently, statutory declarations are widely used throughout legal, governmental, and commercial practice.

2. Statutory Basis The law governing statutory declarations in England and Wales is principally contained in the Statutory Declarations Act 1835. The Act prescribes the form in which the declaration must be made and identifies the persons before whom it may be lawfully declared. A statutory declaration is usually made before a Commissioner for Oaths, a practising solicitor authorised to administer oaths, or another person authorised by law. The declarant must sign the declaration in the presence of the authorised official, who then certifies that the declaration has been properly made. Compliance with these statutory requirements is essential to ensure the declaration’s legal validity.

3. Purpose and Uses Statutory declarations are used whenever a person is required to provide a formal statement of fact in circumstances where an oath is unnecessary or inappropriate. They are commonly required in matters relating to property transactions, probate, company law, immigration, change of name, lost documents, intellectual property, and numerous other legal or administrative procedures. Government departments, courts, financial institutions, and private organisations frequently accept statutory declarations as reliable evidence of particular facts or circumstances. Their flexibility makes them one of the most widely used forms of formal legal declaration outside court proceedings. As a result, statutory declarations perform an important evidential function across many branches of law.

4. Procedure for Making a Statutory Declaration To make a valid statutory declaration, the declarant must appear before an authorised official and declare that the contents of the document are true. The declaration follows a prescribed statutory form, concluding with a solemn affirmation that the statement is made conscientiously believing it to be true. After the declarant signs the document, the authorised official witnesses the signature and certifies that the declaration has been properly made. Unlike affidavits, no religious oath or sacred text is required because the declaration is based upon a solemn affirmation rather than a sworn oath. This simplified procedure makes statutory declarations particularly suitable for administrative and non-contentious legal matters.

5. Legal Effect and False Declarations A statutory declaration is treated as formal legal evidence of the facts stated within it, although its evidential weight may depend upon the circumstances in which it is relied upon. Because the declaration is made under statutory authority, knowingly making a false declaration is a serious criminal offence. A person who deliberately includes false information may be prosecuted under the Perjury Act 1911, which applies to false statutory declarations as though they had been made under oath. This potential criminal liability encourages honesty and ensures the reliability of statutory declarations as evidence. Accordingly, individuals should ensure that every statement contained in the declaration is true before signing it.

6. Legal Importance The statutory declaration is an important legal instrument because it provides a simple, efficient, and legally recognised method of formally declaring facts without the need for a sworn oath. It enables individuals to satisfy numerous statutory and administrative requirements while maintaining the integrity of the legal process through the possibility of criminal sanctions for false declarations. By combining procedural simplicity with significant legal consequences for dishonesty, statutory declarations promote both efficiency and reliability in legal and governmental administration. Their widespread use across property law, probate, company law, commercial transactions, and public administration demonstrates their continuing practical importance. Consequently, the statutory declaration remains one of the most frequently used formal documents within the legal system of England and Wales.