False Declaration

The Dagda

Can anyone tell me what act would be used in the prosecution of "making a false declaration" in relation to a road traffic matter?

Pro Hoc Vice

If it is a Statutory Delaration then section 6 http://www.irishstatutebook.ie/1938/en/act/pub/0037/index.html

As amended by section 51 http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0051.html

The Dagda

infosys wrote: »

If it is a Statutory Delaration then section 6 http://www.irishstatutebook.ie/1938/en/act/pub/0037/index.html

As amended by section 51 http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0051.html

Thanks for the reply.

It's in relation to a The Statement of Nomination of Name and Address of Driver section of a Fixed Charge Notice.

The registered owner has nominated a driver but cannot get in touch with them to get proof that the nominated driver was insured to drive the car.

The Garda has indicated that the registered owner can be prosecuted for allowing someone to drive uninsured, and face a disqualification.

The Garda has also indicated that admitting to making a false declaration results in "only" a fine.

The registered owner is tempted to admit to the false declaration to avoid the risk of disqualification.

Pro Hoc Vice

The Dagda wrote: »

Thanks for the reply.

It's in relation to a The Statement of Nomination of Name and Address of Driver section of a Fixed Charge Notice.

The registered owner has nominated a driver but cannot get in touch with them to get proof that the nominated driver was insured to drive the car.

The Garda has indicated that the registered owner can be prosecuted for allowing someone to drive uninsured, and face a disqualification.

The Garda has also indicated that admitting to making a false declaration results in "only" a fine.

The registered owner is tempted to admit to the false declaration to avoid the risk of disqualification.

The owner should receive legal advice before admitting and possible criminal activity. It's not wise to get legal advice from a member of AGS who may prosecute a person.

The Dagda

infosys wrote: »

The owner should receive legal advice before admitting and possible criminal activity. It's not wise to get legal advice from a member of AGS who may prosecute a person.

I have advised the owner to speak to a solicitor.

The Garda also indicated that it is the responsibiliy of the registered owner to prove that the nominated driver was insured.

Does the presumption of innocence not apply in road traffic offences?

Pro Hoc Vice

The Dagda wrote: »

I have advised the owner to speak to a solicitor.

The Garda also indicated that it is the responsibiliy of the registered owner to prove that the nominated driver was insured.

Does the presumption of innocence not apply in road traffic offences?

Some minor offences are strict liability in other words the burden passes to the defendant. Again a solicitor can advise on this matter.

Marcusm

The Dagda wrote: »

Thanks for the reply.

It's in relation to a The Statement of Nomination of Name and Address of Driver section of a Fixed Charge Notice.

The registered owner has nominated a driver but cannot get in touch with them to get proof that the nominated driver was insured to drive the car.

The Garda has indicated that the registered owner can be prosecuted for allowing someone to drive uninsured, and face a disqualification.

The Garda has also indicated that admitting to making a false declaration results in "only" a fine.

The registered owner is tempted to admit to the false declaration to avoid the risk of disqualification.

Making a false statement in relation to who was speeding in a car recently resulted in a British cabinet minister (Chris Huhne) and his wife being successfully prosecuted for perverting the course of justice and spent time in prison.

I can easily see that it would be the same offence in Ireland although whether a prosecution would be in the public interest is a different matter. Anyone who takes the AGS advice on this is silly - a solicitor should be capable of advising whether the OP would be best to avoid making any further statements against his/her own interests.

camphor

The Dagda wrote: »

I have advised the owner to speak to a solicitor.

The Garda also indicated that it is the responsibiliy of the registered owner to prove that the nominated driver was insured.

Does the presumption of innocence not apply in road traffic offences?

This is a highly technical area. Once a proper demand has been made and no insurance certificate has been produced, then there is a presumption of no insurance.
A key issue here, is how long after the driving, the demand was made. There are some solicitors and barristers who are good in this area, many solicitors haven't a clue. It will need a very good lawyer to play this properly.

ROAD TRAFFIC ACT, 1961
69.—(1) ( a ) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

Fred Swanson

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