60 Administration of oaths.E+W+S+N.I.
F1(1)An oath shall be administered separately to each member of a court-martial, to the clerk of the court and any officer or other person in attendance for instruction, and to any person appointed to attend as interpreter.
[[F2F3(2)A witness before a court-martial—
(a)shall be examined on oath if he has attained the age of fourteen; and
(b)shall give evidence unsworn if he is under that age.
(3)Unsworn evidence admitted by virtue of subsection (2)(b) above may corroborate evidence (sworn or unsworn) given by any other person.]
[F4(3A)Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.]
(4)A person shall be permitted to make a solemn affirmation instead of taking an oath under this section—
(a)if he objects to being sworn, . . . F5; or
(b)if it is not reasonably practicable to administer an oath to him in the manner appropriate to his religious belief.
(5)An oath or affirmation required to be administered under this section shall be in such form, and shall be administered at such time, by such person and in such manner, as may be prescribed by [F6rules] under section fifty-eight of this Act.
[F7(6)A person who may be permitted under this section to make his solemn affirmation may also be required to do so, and for the purposes of this section “reasonably practicable” means reasonably practicable without inconvenience or delay.]]
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Amendments (Textual)
F1S. 60(1) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 59(2); S.I. 1997/304, art. 2 (with art. 3)
F2S. 60(2)(3) repealed (1.4.2000) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 para. 5(2)); S.I. 1999/3427, art. 3
F3S. 60(2)(3) substituted (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53), ss. 71, 102(2)(8), Sch. 9 para. 7; S.I. 1992/333, arts. 2(2), 3(1), Sch. 2.
F4S. 60(3A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 3(2)(b); S.I. 1991/2719, art. 2 and repealed (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53), ss. 101(2), 102(2)(8), Sch. 13; S.I. 1992/333, arts. 2(2), 3(1), Sch. 2.
F5Words repealed by Administration of Justice Act 1977 (c. 38) Sch. 5 Pt. II
F6Word in s. 60(5) substituted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 59(3); S.I. 1997/304, art. 2 (with art. 3)
F7S. 60(6) added by Oaths Act 1961 (c. 21), s. 1; saved by Oaths Act 1978 (c. 19), s. 7(4)