The difference between a Statement, a Statutory Declaration and an Affidavit

When dealing with legal matter, written documents are often used to present facts or information, the most common of which are Statements, Statutory Declarations, or an Affidavit.

There are key differences between these forms of documents, particularly with regard to their purpose, their format and the legal implications associated with each document.

1.        Statement

A statement is a general term for a written or spoken expression of facts, opinions, or information. In a legal context, a statement can refer to a written document submitted to provide information, such as a witness statement or a statement to Police. Statements are often used informally and may not carry the same legal weight as statutory declarations or affidavits.

2.        Statutory Declaration

A statutory declaration is a formal written statement made voluntarily and signed in the presence of an authorised witness. In New South Wales, this can be a Solicitor, a Justice of the Peace or Court officer for example. The person making the declaration, known as the declarant, solemnly declares the truth of the statements contained in the document. Statutory declarations are governed by specific statutory laws, and making a false declaration may result in legal consequences. Statutory declarations are commonly used in various legal and administrative matters, such as confirming identity, providing evidence of eligibility, or making official statements.

3.        Affidavit

An affidavit is a written statement of facts and confirmed by an oath or an affirmation. An oath refers to God or the equivalent recognised by the person’s religion; whereas an affirmation is a non-religious swearing of truth. An affidavit must be signed in front of an authorised witness. Affidavits are typically used as evidence in court proceedings and carry a higher level of formality than general statements. The person making the affidavit is called the ‘deponent’ and they  swear or affirm the truthfulness of the statements under penalty of perjury. Affidavits are subject to legal scrutiny, and intentionally making false statements in an affidavit can result in perjury charges.

In summary, whilst all three forms of documents involve presenting information in a written form, statutory declarations and affidavits are more formalised and are often used in legal contexts where the truthfulness of the statement if paramount. In particular, affidavits are frequently used as evidence in court proceedings. It's important to be aware of the legal requirements and implications associated with each type of document, especially when using them in a legal or official capacity.