A statutory declaration is a legal document defined under the law of certain Commonwealth nations and in the United States. It is similar to a statement made under oath, but it is not sworn.
Statutory declarations are commonly used to allow a person to declare something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits, which, however, are made on oath.
Depending on jurisdiction, statutory declarations can be used for:
Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The Statutory Declarations Act 1959 governs the use of statutory declarations in matters involving the law of the Australian Commonwealth, Australian Capital Territory, and other territories but not including the Northern Territory.
Any person within the jurisdiction of this law may make a statutory declaration in relation to any matter. The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the judge to decide.
Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the Statutory Declarations Regulations 2023. Prescribed witnesses include people on the roll of the High Court or the Supreme Court of a State or Territory, legal or medical practitioners, justices of the peace, notaries public, police officers, military officers, registered members of certain professional organisations (e.g. National Tax Accountant's Association or Engineers Australia), and certain other Commonwealth employees. [1]
Intentionally making a false statement as a statutory declaration is a crime equivalent to perjury, and punishable by fines and/or a prison sentence of up to four years.
The states and territories of Australia each have their own laws regarding statutory declarations.
In Canadian jurisdictions, statutory declarations are statements of facts written down and attested to by the declarant before individuals who are authorized to administer oaths except that they are normally used outside of court settings. They have the same effect in law as a sworn statement or affidavit. In federal proceedings, the form is governed by the Canada Evidence Act . [2] Similar provision is made by the various provinces for use in proceedings within their respective jurisdictions. [3]
A person who makes a false declaration can be charged with perjury under the Criminal Code. [4]
Although the terminology statutory declaration is not used frequently in the United States, unsworn declarations may invoke a statute that makes such a declaration the functional equivalent of a sworn affidavit. [5]
Statutory declarations can be used as a method of legally changing one's name. [6] They may be used by UK financial institutions to enable an asset of a relatively small value (usually less than £15,000) to be transferred to the executors of a will or other persons legally entitled to deal with or benefit from the estate of a person who has died.
Statutory Declarations Act 1835 | |
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Act of Parliament | |
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Long title | An Act to repeal an Act of the present Session of Parliament, intituled "An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits"; and to make Provisions for the Abolition of unnecessary Oaths. |
Citation | 5 & 6 Will. 4. c. 62 |
Territorial extent |
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Dates | |
Royal assent | 9 September 1835 |
Other legislation | |
Repeals/revokes | Declarations Act 1835 |
Status: Amended | |
Text of statute as originally enacted | |
Text of the Statutory Declarations Act 1835 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
Under the Statutory Declarations Act 1835 (5 & 6 Will. 4. c. 62), [7] a declaration can be made before anyone who is authorised by law to hear it (for example, a solicitor or legal executive), [8] or before any justice of the peace. In addition, officers of the armed services with the equivalent rank of major and above, and British diplomatic and consular officers in post abroad, may authenticate a statutory declaration. [9]
The person who hears the declaration need not enquire into the truth of it. That person's function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury.
The form of the statutory declaration is prescribed in the schedule [10] to the Act:
"I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835." [11]
A standard form is used for a statutory declaration; one copy will be given to the applicant and the other is held on file. [12]
An affidavit is a written statement voluntarily made by an affiant or deponent under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or in other words, it contains a verification, which means that it is made under oath on penalty of perjury, and this serves as evidence for its veracity and is required in court proceedings.
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
Testimony is a solemn attestation as to the truth of a matter.
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted.
A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
Traditionally an oath is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
A declarant, generally speaking, is anyone who composes and signs a statement or declaration alleging that the information he has given therein is true. This differs from an affiant, as in the case of an affidavit the facts therein are sworn to before a notary public or other official, whereas a declaration is usually made by one person for the use of another.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
In American law, Scots law, and under the laws of some English-speaking Commonwealth nations, subornation of perjury is the crime of persuading or permitting a person to commit perjury, which is the swearing of a false oath to tell the truth in a legal proceeding, whether spoken or written.
A certified copy is a copy of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.
A sworn declaration is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public. Instead, the person making the declaration signs a separate endorsement paragraph at the end of the document, stating that the declaration is made under penalty of perjury.
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is inadmissible unless an exception to the hearsay rule applies.
Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below. The exact wording of the commitments vary from country to country.
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems.
The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005.
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline making a religious oath due to their personal beliefs, or those of their audience. In some jurisdictions, an affirmation may be given only if such a reason is provided.
Perjury is the name of an offence under the Criminal Code. The offence of false evidence under the Penal Code is equivalent.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.