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The Courts-Martial (Army) Rules 1997

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Rule 24

SCHEDULE 3OATHS AND AFFIRMATIONS

PART IMANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

1.  An oath may be administered by the person swearing the oath holding the New Testament, or if a Jew the Old Testament, in his uplifted hand and saying, or repeating after the person administering it, the oath provided in this Schedule for that category of person.

2.  A Scottish oath may be administered by the person swearing the oath with uplifted hand and saying, or repeating after the person administering it, the Scottish oath provided in this Schedule for that category of person.

3.  An oath may be administered in such manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs where the oath provided in this Schedule for that category of person is modified in accordance with those religious beliefs.

4.  A person under 18 making a promise or a person making a solemn affirmation instead of taking an oath shall say or repeat after the person administering the promise or affirmation provided in this Schedule for that category of person.

PART IIFORMS OF OATH

President and members other than the judge advocate

5.  I swear by Almighty God that I will well and truly try the accused before the court according to the evidence, and that I will duly administer justice according to law without partiality, favour or affection; and I do further swear that I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of this court-martial, unless thereunto required in due course of law.

Persons under instruction

6.  I swear by Almighty God that I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of this court-martial unless thereunto required in due course of law.

Interpreter

7.  I swear by Almighty God that I will well and faithfully interpret and make true explanation of all such matters and things as shall be required of me according to the best of my skill and understanding.

Witness

8.  I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

Form for a person under 18

9.  I promise before Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

PART IIIFORM OF SCOTTISH OATHS

10.  The form of Scottish oath shall in each case be the same as the form of oath set out above except that for the words “I swear by Almighty God” there shall be substituted the words “I swear by Almighty God and as I shall answer to God at the Great Day of Judgement”.

PART IVFORM OF SOLEMN AFFIRMATIONS

11.  The form of affirmation shall in each case be the same as the form of oath set out above except that for the words “I swear by Almighty God” there shall be substituted the words “I solemnly, sincerely, and truly declare and affirm”.

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