MS90 · STATUTORY DECLARATION
MS90 statutory declaration: act promptly after discovering the case
If you did not know about magistrates’ court proceedings that led to an MS90 conviction, a statutory declaration route may be available. The ordinary period is 21 days from finding out about the case, so establish the court and preserve the discovery evidence immediately.
Checked against primary legal sources for England and Wales · Updated 26 August 2026 · How we review content
Contact the convicting court, obtain the charge and conviction record, and record exactly when and how you first learned about the case. The court process is time-sensitive. A declaration can affect earlier proceedings, but it does not automatically decide the underlying allegation.
Organise the court record before you act
Use the MS90 hub to work through the discovery date, court record and documents to preserve. It does not decide whether a declaration will be accepted.
Protect the court route and the evidence of discovery
- Identify the convicting magistrates’ court and ask for the case and conviction details.
- Record the date, time and source by which you first found out about the proceedings.
- Keep the DVLA record, insurer letter, enforcement correspondence or other document that revealed the case.
- Apply through the court’s current statutory declaration process and obtain urgent regulated advice if the timing or facts are contested.
When might a statutory declaration be relevant?
A statutory declaration route can be relevant where a person did not know about the proceedings. GOV.UK says to apply to the court, make a statutory declaration and attend a hearing. Do not assume that every surprise endorsement means the same procedure is available: obtain the charge and court record first.
Why the 21-day period matters
Section 14 of the Magistrates’ Courts Act 1980 provides an ordinary 21-day period after the person found out about the case. The court may have power to accept a late declaration, but that is not automatic. Do not delay while trying to reconstruct every issue in the underlying allegation.
What should I ask the court for?
- The court name and case reference
- The charge or charges
- The date of conviction and sentence
- The document or procedure by which the case was started
- Whether any declaration, reopening or appeal application is already recorded
- The court’s current method for applying and attending
What evidence shows when I found out?
Keep the document that revealed the conviction and preserve its date. That may include a DVLA record, an insurer query, a collection or enforcement letter, or a court communication. Make a contemporaneous note of when it was opened or viewed. Do not create or alter evidence.
What happens if the declaration is accepted?
A valid statutory declaration can make the earlier proceedings void. It does not necessarily end the prosecution. The case may continue from an appropriate stage, and any charge, plea, points and court deadline still require careful attention.
What should not be assumed?
Do not say that an MS90 has been removed until the court and driving record confirm the outcome. Do not ignore contact from the court or prosecution. Do not use a statutory declaration as a way of deciding factual issues about who drove without checking the actual allegation and evidence.
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Frequently asked questions
How long do I have to make an MS90 statutory declaration?
The ordinary statutory period is 21 days after finding out about the case. A court may accept a later declaration in some circumstances, but you should act immediately and obtain advice if the period may have passed.
Will a statutory declaration automatically remove an MS90?
No. The court must accept the appropriate procedure and the records must then be updated. The prosecution may still continue with the underlying allegation.
What if I do not know which court convicted me?
Start with the DVLA record and any court, enforcement or insurer correspondence. Contact the relevant court service promptly to identify the case before the timing issue becomes harder to explain.