OpenLegislation

Rule 59 Oaths and affirmations

Original text. Later amendments are not shown.

(1)

After the accused has been given the opportunity to challenge the members of the court, oaths shall be administered in the presence of the accused.

(2)

The judge advocate, or any other member of the court on his behalf, shall administer an oath to—

(a)

the president of the board;

(b)

each other member of the court;

(c)

any person in attendance for instruction;

(d)

any interpreter;

(e)

any witness.

(3)

If—

(a)

a person required to take an oath for the purposes of proceedings before the court objects to being sworn, or

(b)

it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,

he shall be permitted to make a solemn affirmation instead of taking an oath.

(4)

A person who may be permitted under this rule to make his solemn affirmation may also be required to do so, and for the purposes of this rule “reasonably practicable” means reasonably practicable without inconvenience or delay.

(5)

Any oath or affirmation required to be administered under these Rules shall be administered in the form and manner set out in Schedule 4 to these Rules.