Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Deed Polls and the Perjury Act

Deed Polls and the Perjury Act

Postby Spankymonkey » Mon Mar 13, 2017 4:44 am

I believe that a deed poll is considered a statutory declaration. Does that mean if one were to draw one up, sign it and then fail to abide by it's terms (which the author would have specified) it could be an offence under section 5 of the Perjury Act?
Spankymonkey
 
Posts: 238
Joined: Mon Feb 15, 2016 8:42 am

Re: Deed Polls and the Perjury Act

Postby dls » Mon Mar 13, 2017 6:26 am

Sorry, but you misunderstand this entirely.

A deed poll is not a statutory declaration. A deed is an action. The word 'poll' here means only that only one person has executed it.

It is nothing more than a statement of present intention, and a request to others to go along with it. We all of us fail to do things we intend to do
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11487
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Deed Polls and the Perjury Act

Postby atticus » Mon Mar 13, 2017 6:29 am

In cases of perjury, the question is of the facts at the time the declaration or oath is made.
User avatar
atticus
 
Posts: 18042
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Deed Polls and the Perjury Act

Postby dls » Mon Mar 13, 2017 10:04 am

Perhaps some further explanation will help.

Where someone has been using a name for several years, and now wishes to confirm it in law, they can give a statutory declaration as to past use. That is attempting to describe historical fact, and is either true or false, and if false, the consequence of perjury can follow.

Where someone is attempting to change a name, there is no particular factual assertion involved. It is an act (a deed). If I do an act (say moving my arm to the left), that action will not normally have a characteristic of beig true or false.

It is worth noting that in either case, the legal essence is simply the use of a different/new name accompanied by a request to others to use that name also. Our law is very forgiving on this. No deed or stat dec is needed.

(Sorry, but the plural of deed poll is deeds poll)
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11487
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire


Return to Other Law

Who is online

Users browsing this forum: No registered users and 1 guest