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. Witnesses 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.

Oaths may be 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 generally 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 people who act as 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.

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.

Affirmations may be 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.

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.