Donate SIGN UP

Magistrates Oath

Avatar Image
nailit | 21:02 Tue 26th Mar 2013 | Law
3 Answers
is it true that magistrates must provide proof of their oath, if requested, by the defendent before a hearing can take place?
Thanks.
Gravatar

Answers

1 to 3 of 3rss feed

Best Answer

No best answer has yet been selected by nailit. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
not according to this,

"
1. Do all magistrate judges take an oath and if so do judges have to
provide it to anyone in courts who requests to see it?

Before acting as magistrate' (also called a Justice of the Peace) the
appointee must take the oath of allegiance and the judicial oath or make
corresponding affirmations.

These are the same as those taken by judges and are found on the judiciary
website:
[1]http://www.judiciary.gov.uk/about_judici...

The oaths are taken by repeating aloud the words, which are prescribed in
the Promissory Oaths Act 1868. There is no requirement that they should
then produce on demand a signed copy of the oath to anyone who wants to
see it, and no legal requirement that they should sign anything at all."

from here.. https://www.whatdotheyknow.com/request/does_a_judge_have_to_take_an_oat?unfold=1#incoming-88221
If you are hoping to use that for an appeal, bad luck! No holder of judicial office, be it coroner, magistrate, or any form of judge, is ever required to prove that they have been sworn. It is a fact 'judicially noted' (i.e. not requiring proof) that a person sitting in that capacity has been duly sworn. Even if it were not, the principle of 'omnia praesumuntur rite esse acta' would apply; everything done officially and as a matter of course is presumed to be done in due form, so it would be presumed that any magistrate had been duly appointed and correctly sworn
Question Author
Thanks guys. Was just curious.

1 to 3 of 3rss feed

Do you know the answer?

Magistrates Oath

Answer Question >>