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Oaths and Affirmations

Oaths

An oath is a verbal promise to tell the truth. Oaths are frequently made while holding the Bible, the New Testament or the Old Testament. Witness may choose to swear an oath on another relevant religious text. It is not necessary that a religious text be used in taking an oath.

Administering an oath

Oaths may be administered to and taken by individuals or by two or more people at the same time.

For a witness appearing in court, the form of oath taken is as follows:

'I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that the evidence I shall give will be the truth, the whole truth and nothing but the truth.'

There is a separate oath for those who undertake the role of an interpreter in court. If this applies to you, the form of the oath for interpreters in court can be found at Schedule 1 to the Evidence Act 2008.

Oaths sworn outside a court proceeding will take a slightly different form, as follows:

'I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that (followed by the words of the oath prescribed or allowed by law).'

For more information on oaths outside court proceedings see sections 100 – 103 of the Evidence (Miscellaneous Provisions) Act 1958. For information about oaths by jurors see Schedules 3 – 5 of the Juries Act 2000.

Affirmations

An affirmation is a verbal, solemn and formal declaration, which is made in place of an oath. A person may choose to make an affirmation rather than taking an oath. An affirmation has the same effect as an oath.

Oral affirmations

Affirmations may be administered to and made by individuals or by two or more people at the same time.

For a witness appearing in court, the form of affirmation is as follows:

'I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.'

There is a separate affirmation for those who undertake the role of an interpreter in court. If this applies to you, the form of the affirmation for interpreters in court can be found at Schedule 1 to the Evidence Act 2008.

Affirmations made outside a court proceeding will take a slightly different form, as follows:

'I solemnly and sincerely declare and affirm that (followed by the words of the oath prescribed or allowed by law).'

For more information on affirmations outside court proceedings see sections 100 – 104 of the Evidence (Miscellaneous Provisions) Act 1958. For information about affirmations by jurors see Schedules 3 – 5 of the Juries Act 2000.

Written affirmations

Every written affirmation shall begin with the words:

'I, (name of person making affirmation) of (address of person making affirmation), do solemnly and sincerely affirm...'

A jurat

A jurat is the certification at the end of an affirmation stating when and where the affirmation was affirmed and by whom.

This is followed by the signature and title of the person before whom the affirmation was made.

The jurat shall state:

'Affirmed at ( place where affirmed), this (day affirmed, for example, 2nd) day of (month and year, for example, May 2009), before me, (insert signature)'

A person who witnesses the making of a written declaration or who takes an affidavit must legibly write, stamp or type his or her name and address below his or her signature). For more information see Affidavits.

The deponent

The deponent is the person in whose name an affirmation is made.

The deponent shall sign their name beside the jurat.

Absence of religious belief

If an oath has been properly administered and taken, the fact that the person to whom the oath was administered had no religious beliefs at that time does not affect the validity of the oath.