Jersey Law 8/1992
(ADVOCATES AND SOLICITORS) (JERSEY) LAW 1992
A LAW to extend to advocates and
solicitors of the Royal Court the power to take affidavits, sanctioned by Order
of Her Majesty in Council of the
4th day of JUNE 1992
(Registered on the
14th day of August 1992)
STATES OF JERSEY
The 3rd day of December 1991
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
POWER TO TAKE
(1) An advocate or
solicitor of the Royal Court may take an affidavit for the purposes of a
proceeding in a court or before a statutory body in the Bailiwick.
(2) An affidavit taken
under this Article by an advocate or solicitor shall be signed by the person
making the affidavit (hereinafter referred to as “the deponent”) in
the presence of the advocate or solicitor taking it who, before he signs the jurat, shall –
(a) satisfy himself of the
genuineness of the signature of the deponent; and
(b) administer the oath or
affirmation in the manner required by law.
(3) An advocate or
solicitor taking an affidavit under this Article shall –
(a) state in the jurat at what place and on what date the affidavit is
(b) add after his signature
the word “advocate” or “solicitor” as the case may be.
(4) An advocate or
solicitor who is personally responsible for the conduct of any proceeding shall
not take an affidavit in connexion with that
(5) An affidavit containing
a jurat purporting to be signed by an advocate or
solicitor shall be admitted in evidence without proof –
(a) of the signature; or
(b) that he is an advocate
or solicitor, as the case may be.
(1) A person who, in a
proceeding in a court or before a statutory body, files or otherwise uses an
affidavit purportedly made under this Law knowing that it was not taken in
conformity with this Law is guilty of an offence and shall be liable to
imprisonment for a term not exceeding two years or a fine, or both.
(2) Where an offence under
this Law is alleged to have been committed with respect to an affidavit, a
judge of any court or the presiding officer of any statutory body in or before
which the affidavit is produced may order it to be impounded and kept in such
custody and for such time and on such conditions as he thinks fit.
(3) An advocate or
solicitor who signs a jurat to an affidavit
purportedly made under this Law without the due administration to the deponent
of an oath or affirmation is guilty of an offence and shall be liable to a
(4) A person who knowingly
and wilfully aids, abets, counsels, causes, procures
or commands the commission of an offence under this Law shall be liable to be
dealt with, tried and punished as a principal offender.
This Law may be
cited as the Affidavits (Advocates and Solicitors) (Jersey) Law 1992.
of the States