(Advocates and Solicitors) (Jersey) Law 1992
A LAW to extend to advocates and solicitors
of the Royal Court the power to take affidavits
1 Power to take affidavits
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 Jersey.
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 the advocate
or solicitor signs the jurat, shall –
(a) satisfy himself or
herself of the genuineness of the signature of the deponent; and
(b) administer the oath or
affirmation in the manner required by law.
(2A) If the
deponent is unable to sign the affidavit by reason of being physically
incapacitated, the solicitor or advocate taking the affidavit shall endorse
upon the affidavit that it has not been signed by the deponent by reason of the
deponent’s physical incapacity.
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 the
advocate’s or solicitor’s signature the word “advocate”
or “solicitor” as the case may be.
advocate or solicitor who is personally responsible for the conduct of any
proceeding shall not take an affidavit in connection with that proceeding.
affidavit containing a jurat purporting to be signed
by an advocate or solicitor shall be admitted in evidence without
(a) of the signature; or
(b) that the person is an
advocate or solicitor, as the case may be.
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 2 years or a fine, or both.
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 the judge or
presiding officer thinks fit.
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 fine.
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.