(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
(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 Jersey.
(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 the advocate or
solicitor signs the jurat, shall –
himself or herself of the genuineness of the signature of the deponent; and
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.
(3) An advocate or
solicitor taking an affidavit under this Article shall –
in the jurat at what place and on what date the affidavit is taken; and
after the advocate’s or solicitor’s 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 connection with that proceeding.
(5) An affidavit containing
a jurat purporting to be signed by an advocate or solicitor shall be admitted
in evidence without proof –
the signature; or
the person 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 2 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 the judge or presiding
officer 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 fine.
(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.