Making a statutory declaration is a serious legal act. A person who makes a false statutory declaration faces criminal penalties equivalent to perjury. This article explains the law, the potential consequences, and why the penalties exist.
The Legal Basis
Section 6 of the Statutory Declarations Act 1938 provides that any person who knowingly makes a statutory declaration that is false or misleading in any material particular is guilty of an offence. The penalty is the same as for perjury.
What Constitutes Perjury?
Under the Criminal Justice (Perjury and Related Offences) Act 2021, perjury is defined as making a statement that is material, false, and known by the maker to be false, in proceedings where the maker has been lawfully sworn or has made a declaration. The 2021 Act modernised the law on perjury in Ireland.
The Penalties
The penalties for perjury under the 2021 Act are severe:
- On summary conviction: A fine of up to €5,000 and/or imprisonment for up to 12 months
- On conviction on indictment: A fine and/or imprisonment for up to 10 years
What “Knowingly” Means
The offence requires that the person knew the declaration was false or misleading. An honest mistake — where the declarant genuinely believed their statement to be true — is not a criminal offence. However, recklessness (making a statement without caring whether it is true) may also be caught.
Why the Penalties Are Serious
Statutory declarations are relied upon by:
- Courts and government agencies making legal decisions
- Property registries recording ownership
- Immigration authorities granting visas and residency
- Insurance companies processing claims
- Banks and financial institutions making lending decisions
- Foreign governments accepting Irish documents
If these declarations could be made falsely without consequence, the entire system would lose its value. The criminal penalties ensure that statutory declarations carry genuine legal weight.
The Notary’s Role in Prevention
When a notary public witnesses a statutory declaration, they remind the declarant of the seriousness of the declaration and the penalties for falsehood. The notary must be satisfied that the declarant understands the content and the consequences of making a false statement. If the notary has reason to suspect the declaration is false, they are obliged to refuse to act.
Historical Context and Case Law
The criminal offence under Section 6 of the 1938 Act has been the subject of prosecution in Irish courts. Prosecutions have arisen in various contexts, including:
- Insurance fraud: Making false declarations about the circumstances of an insurance claim
- Property fraud: Making false declarations about ownership, boundaries, or planning compliance in property transactions
- Immigration fraud: Making false declarations about identity, relationships, or circumstances in support of visa or residency applications
- Social welfare fraud: Making false declarations about living arrangements or financial circumstances
The courts have consistently taken a serious view of false statutory declarations, reflecting the importance of maintaining the integrity of a system that is relied upon by so many public and private institutions.
The Relationship with Other Offences
Making a false statutory declaration can also give rise to related criminal offences:
- Fraud: Under the Criminal Justice (Theft and Fraud Offences) Act 2001, if the false declaration is used to obtain money, property, or services by deception
- Forgery: If the declaration includes forged signatures or documents
- Money laundering: If the declaration is used to facilitate money laundering or terrorist financing
These offences carry their own penalties, which may be imposed in addition to or instead of the perjury offence.
The Notary’s Duty to Refuse
If a notary has reason to suspect that a statutory declaration is false, they are professionally and legally obligated to refuse to witness it. This obligation exists to protect the integrity of the notarial system and, ultimately, the public. The notary cannot be compelled to witness a declaration they believe to be false.
Practical Advice
- Only declare facts you know to be true
- Read the entire declaration carefully before signing
- If you are unsure about any fact, qualify it (“to the best of my knowledge and belief”)
- Ask the notary or solicitor to explain anything you do not understand
- Keep a copy of every declaration you sign
Frequently Asked Questions
Can I go to prison for a false statutory declaration?
Yes. If convicted on indictment, the maximum sentence is 10 years imprisonment under the Criminal Justice (Perjury and Related Offences) Act 2021.
What if I made an honest mistake?
The offence requires knowledge that the statement was false. A genuine honest mistake is not a criminal offence. However, recklessness may also be caught.
Who investigates false statutory declarations?
An Garda Síochána (the Irish police) investigate suspected false declarations, often following a complaint from the person or organisation that relied on the declaration.
Need a Statutory Declaration Prepared Properly?
Hugh Phelan ensures all statutory declarations are properly prepared and explained before witnessing. Contact his office at 021-489-7134 or email info@phelansolicitors.com.