ABSTRACT

All evidence must generally be given on oath or affirmation unless a witness in a criminal trial is aged under 14.1 The Oaths Act 1978 requires that the oath be administered in the manner provided in s 1, unless the witness objects or is physically incapable of taking the oath in the prescribed way. Persons who wish to affirm, or to swear in the manner prescribed by a religion other than Judaism or Christianity, may do so.2 An oath administered otherwise than in accordance with s 1 will be administered in a lawful manner, provided it appears to the court to be binding on the witness’s conscience, and provided the witness himself considers it to be binding on his conscience.3 However, the effect of s 4(1) is to make binding any oath that has been administered in a form that the witness has declared to be binding. By s 4(2), the validity of an oath is not affected if the person swearing has no religious belief. By s 5(4), an affirmation has the same force and effect as an oath. It follows that it would be improper for a judge to make any distinction in summing up between witnesses who gave evidence on oath and witnesses who affirmed. Evidence given on affirmation is subject to the law against perjury in the same way as evidence on oath.