SCHEDULE 5OATHS AND AFFIRMATIONS

Rule 31

PART IMANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

1

The person taking the oath shall hold the New Testament, or if a Jew the Old Testament, in his uplifted hand and shall say or repeat after the person administering it the oath provided in Part II of this Schedule for that category of person.

2

If any person to whom an oath is administered desires to swear in the form and manner in which an oath is usually administered in Scotland, he may do so with uplifted hand and saying or repeating after the person administering it the Scottish oath provided in Part III of this Schedule.

3

If none of the forms of oath provided in this Schedule is appropriate to the religious beliefs of the person taking the oath, an oath may be administered in such form and manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs.

4

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

PART IIFORMS OF OATHS

Persons under instruction5

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 the summary appeal court given in these proceedings unless thereunto required in due course of law.

Interpreter6

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 aged 18 years or over7

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

Witness under the age of 18 years8

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 IIIFORMS OF SCOTTISH OATHS

9

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 AFFIRMATION

10

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” or, as the case may be, “I promise before Almighty God” there shall be substituted the words “I solemnly, sincerely, and truly declare and affirm”.