Oaths and affirmations
[1-600] General oaths and affirmations
Provisions are made in ss 21–24A and Sch 1 Evidence Act 1995 for the oaths and affirmations to be administered to witnesses and interpreters. They are to be in accordance with the appropriate form in Sch 1, or in a similar form. A person appearing as a witness or interpreter may choose whether to take an oath or make an affirmation. The court is to inform the person that they have this choice, unless satisfied that the person has already been informed, or knows that there is a choice. It is not necessary that a religious text be used in taking an oath. The form of oath or affirmation taken by children’s champions is set out in cl 111 Criminal Procedure Regulation 2017. See also generally Judicial Commission of NSW, Local Court Bench Book, 2010–, “Oaths” at [64-000]ff.
Oath/affirmation by a witness
[Do you swear by Almighty God/Do you solemnly and sincerely declare and affirm] that the evidence that you shall give will be the truth, the whole truth and nothing but the truth? If so, please say “I do”.
Oath/affirmation by an interpreter
[Do you swear by Almighty God/Do you solemnly and sincerely declare and affirm] that you will well and truly interpret the evidence that will be given and do all other matters and things that are required of you in this case to the best of your ability? If so, please say “I do”.
Oath/affirmation by a children’s champion
[Do you swear by Almighty God/Do you solemnly and sincerely declare and affirm] that you will well and faithfully communicate questions and answers and make true explanation of all matters and things as may be required of you according to the best of your skill and understanding? If so, please say “I do”.
[1-605] Procedure for administering an oath upon the Koran
- 1.
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Hand the witness the Koran (in its cover).
- 2.
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Ask the witness to remove the Koran from its cover.
- 3.
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Ask the witness if they recognise the book as a true copy of the Holy Koran.
- 4.
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Administer the oath.
- 5.
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Ask the witness to return the Koran to its cover.
[1-610] Oaths and affirmations for jurors
Section 72A Jury Act 1977 provides a prescribed manner for a juror’s oath and affirmation. Section 72A(5) provides that if an oath is taken in the prescribed manner it is not necessary for a religious text (normally a bible) to be used. Section 72A(7) provides that an oath or affirmation not made in accordance with the prescribed manner is not by that reason illegal or invalid.
Oath for jurors
Do you swear by Almighty God that you will give a true verdict according to the evidence? If so, please say “so help me God”.
Affirmation for jurors
Do you solemnly and sincerely declare and affirm that you will give a true verdict according to the evidence? If so, please say “I do”.
Oath/affirmation for jurors sworn en masse
Members of the jury, do you swear by Almighty God, or do you solemnly and sincerely declare and affirm, that you will give a true verdict according to the evidence? If so, for those taking an oath please say “so help me God” and for those taking an affirmation please say “I do”.
[1-615] Oaths and affirmations — view
There does not appear to be any prescribed manner and form for oaths and affirmations required in connection with a view. The following are suggested from past practice.
Oath/affirmation: sheriff’s officer
[Do you swear by Almighty God/Do you solemnly and sincerely declare and affirm] that you will well and truly attend this jury to the place at which the offence for which the accused [name] stands charged is alleged to have been committed and that you will not allow anyone to speak to them [ … except the person sworn and appointed to show you the place aforesaid] nor will you speak to them yourself [unless it is to request them to return with you] without the leave of the court? If so, please say “I do”.
Oath/affirmation: shower
[Do you swear by Almighty God/Do you solemnly and sincerely declare and affirm] that you will attend the jury, and well and truly point out to them the place in which the offence for which the accused [name] stands charged is alleged to have been committed and that you will speak to them only as far as relates to describing the place aforesaid? If so, please say “I do”.
[1-620] Oaths and affirmations for sheriff’s officer upon sequestration of jury
Do you swear by Almighty God or do you solemnly and sincerely declare and affirm:
that you will well and truly attend to this jury and each of its members committed to your charge as they are escorted to and from this court and the place at which they are to be sequestered;
that you will not allow any of them to separate except for necessary purposes without the leave of the court;
that you will not allow any of them to communicate by any means with any other person or any other person to communicate with them except in relation to the provision of accommodation and refreshment at the place at which they are sequestered; and
that you will not speak to them yourself about any matter that you would not be permitted to speak with them about during the course of their deliberations.
If so, please say “So help me God” or “I do”.