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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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We put false information on my sons birth certificate when

Resolved Question:

We put false information on my sons birth certificate when we registered he's birth and said we was married and we wasn't
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this. What are your concerns about this?

Customer: That we lied on my sons birth certificate and said we was married when we wasn't, we was supposed to get married shortly after registering out sons birth and we never did
Customer: ? Anyone there
LondonlawyerJ :

Yes, I am here. I have been looking on the Governement website to see what the legal consequences are. I can't find much information so will continue looking. You are worried that you could be in trouble I take it? Did yu both sign the application? Did you get married?

Customer: No we didn't get married, I want to get my son he's first passport, but now I'm worried as it states married on he certificate and we aren't married, can I get this amended or corrected
Customer: My partner signed
Customer: At the time I fault it was the best thing to do as it would save changing it in the further
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

A criminal offence has been committed by giving false information to the Registrar under the Births, Deaths and Marriages Act.

You could be prosecuted for this and imprisoned or fined.

May I help further?
Expert:  LondonlawyerJ replied 3 years ago.
Set out below is section 4 of the Perjury Act 1911 which covers the deliberate provision of false information to birth registrars,. It appears that you may be in breach of this.
4 False statements, &c. as to births or deaths.
(1)If any person—
(a)wilfully makes any false answer to any question put to him by any registrar of births or deaths relating to the particulars required to be registered concerning any birth or death, or, wilfully gives to any such registrar any false information concerning any birth or death or the cause of any death; or
(b)wilfully makes any false certificate or declaration under or for the purposes of any Act relating to the registration of births or deaths, or, knowing any such certificate or declaration to be false, uses the same as true or gives or sends the same as true to any person; or
(c)wilfully makes, gives or uses any false statement or declaration as to a child born alive as having been still-born, or as to the body of a deceased person or a still-born child in any coffin, or falsely pretends that any child born alive was still-born; or
(d)makes any false statement with intent to have the same inserted in any register of births or deaths:
he shall be guilty of a misdemeanour and shall be liable—
(i)on conviction thereof on indictment to penal servitude for a term not exceeding seven years, or to imprisonment . . . F1 for a term not exceeding two years, or to a fine instead of either of the said punishments; and
(ii)on summary conviction thereof, to a penalty not exceeding [F2£100].
(2)A prosecution on indictment for an offence against this section shall not be commenced more than three years after the commission of the offence
So the long and the short of this is that you may well have committed the offence of perjury but you can not be prosecuted in the Crown Court if more than 3 years have passed since the registration you can not be prosecuted in the Crown Court but you can be prosecuted in the Magistrates Court. This means that the maximum penalty would be a fine.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience: Solicitor with over 15 years experience.
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