Statutory declaration for an unknown magistrates' court case

Section 14 of the Magistrates' Courts Act 1980 may apply where a person did not know of proceedings until after the case. The ordinary period is 21 days from learning of them, subject to the court's power concerning lateness.

Contact the court for the case, charge, fine, collection order and warrant. Follow the current procedure, make a truthful declaration and retain proof.

A valid declaration can set aside the conviction and reopen proceedings; the prosecution may start again. Confirm the effect on the warrant, controlled goods and fees rather than relying on posting alone.

Sources and scope

This site concerns England and Wales. Principal sources include Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, the Taking Control of Goods Regulations 2013, the Taking Control of Goods (Fees) Regulations 2014, CPR Part 84 and the GOV.UK bailiff guide.

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