|






 
|
Hingston's
Law
Changing your nameMy last article concerned some of the organisations and new procedures intended to help victims and witnesses. Those of you who follow my articles, [and if not, why not?] will recall the item on the Witness Service as part of the charity Victim Support. It would not be right not to mention the sterling service provided to a young victim by one of their members, Marian Harper. In a recent Sheriff and Jury case it was necessary for a six year old child to give evidence about being the victim of a prolonged chapter of sexual abuse. It was the first time that evidence was given in a criminal case in the Highlands by remote television link. It took two and a half hours to take her evidence. As can easily be imagined, it was a difficult, delicate and emotionally draining experience for all. Had it not been for the magnificent job done by Marian, and at very short notice, I doubt that the child could have given evidence.
What is in a name? For various reasons someone may wish to be known by a different name from that on their birth certificate. In general, in Scotland, that is not a problem. Unlike our less fortunate English cousins, we do not need to go through any legal process to change our names. The only "deed poles" to be found here support telephone wires. With the exception of military ranks and titles, you can call yourself whatever you like, so long as it is not for criminal purposes. For example it would not do to find a credit card and then claim to be the person named on it. Such conduct helps to pay my bills.
However, authorities and institutions tend not to readily accept simply your word on the matter. Indeed proof of identity for even the simplest transaction is a growing irritation. One simple way is to swear an affidavit before a Notary Public and to show this official document as proof of your wish to be known under your new name. Such an affidavit does not, and cannot, change the name on your birth certificate but becomes part of the document trail you can present to prove who you are.
How does this work in practice? If you are married and want a passport in your married name, you will have to produce your birth and marriage certificates from which the authorities can see why you are entitled to be known in that name. What if you are not married but live with someone and are known by his name? There is no marriage certificate to produce. But you can produce a sworn affidavit instead.
I am an old fashioned Notary Public, appointed over 30 years ago by Her Majesty following upon a petition to the Inner House of the Court of Session. Notaries Public are amongst the few people in Scotland who cannot change their names. This is because my signature and motto on a document are incontrovertible evidence that it has been properly notarised. My address or letter head forms no part of the notarising of the document. Incidentally I am still waiting for an apology from the Bank manager of a purportedly Scottish Bank in Dingwall, who did not know this. Perhaps ignorance and bad manners are the accepted norm in that Bank or is it that it normally takes them months to answer a simple letter? Perhaps I should publish details of which Bank acts in this way to let you know which one to avoid. The Bank manager concerned might like to pause and consider that my motto, chosen many years ago, is “Caveas”. For the avoidance of doubt it is not my Bank, the Clydesdale, who are far too good to fall to such a nadir.
Reliance received a bad press when they started taking over the transport and custody of prisoners in Scotland. A lot of that came from politicians, whose dictionaries must be very different from mine. I do not understand their definition of honour and integrity. It thus pleases me to tell you of a marvellous innovation by Reliance in Inverness. They have a "poor box" at the court cells into which departing prisoners, granted their freedom by the court, may deposit their unused tobacco, cigarettes or sweets. Why? Well nowadays most police stations are smoke free zones and prisoners, by the time they come to court, are gasping for a fag. Many do not have any but can now dip into the poor box instead. Indeed it is so much appreciated by the prisoners that one of the regulars deliberately leaves almost a full packet for those following. Simple but effective and a touch of humanity.
Telephone
Munlochy by Dingwall 01463 811800 |