Defence Act 1954
Evidence to be on oath.
200.—(1) Every witness before a court-martial shall be examined on oath which the F272[…] prescribed person shall administer in the prescribed form.
(2) If a person by this Act required as witness before a court-martial, or otherwise in respect of a court-martial, to take an oath, objects to take an oath or is objected to as incompetent to take an oath, the court-martial shall, if satisfied of the sincerity of the objection or, where the competence of the person to take an oath is objected to, of the oath having no binding effect on the conscience of such person, permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purposes of this Act such solemn declaration shall be deemed to be an oath.
Annotations
Amendments:
F272
Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.
Editorial Notes:
E60
Person prescribed for the purposes of section (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 71, in effect as per rule 1(2), subject to transitional provision in para. (2).
E61
Previous affecting provision: person prescribed for purposes of section (1.09.2008) by Rules of Procedure (Defence Forces) 2008 (S.I. No. 204 of 2008), rule 73, in effect as per rule 1(2); revoked (2.12.2019) by Rules of Procedure (Defence Forces) 2019 (S.I. No. 555 of 2019), rule 73(1), in effect as per rule 1(2), subject to transitional provision in para. (2).