ChatterBank2 mins ago
swearing on oath
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so what happens if you are an athiest and wont swear on anything in court, esp. if you are the defendant?? my wife is doing my head in. pls help...si
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I was a witness and declined to put my hand on the bible and I was then asked to confirm I was aware of the the basic undertaking of telling the truth and the consequences should I be found to be committing perjury.Cant remember exact words but if WM is on he will be able to clarify - dont think Scotland and England differentiate in this.
Yes, both the defendant and witnesses may choose to affirm rather than to swear. Tell the clerk to the court in advance, if possible. When you come to the point of affirming, the clerk will first read a list of possible reason why you don't want to take an oath (like being an atheist, etc). You don't need to state the specific reason, just confirm that it's one of those on the list (this is to preclude reasons like "I am religious, but I have no intention of telling the truth"!). After you've confirmed the reason, you will be asked to repeat a non-religious promise to tell the truth.
The oath is 'I swear by Almighty God that the evidence I shall give, shall be the truth, the whole truth and nothing but the truth'. The Affirmation is 'I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth'. You do not need to be an atheist to take the affirmation; some religions object to the idea of taking the oath. Others have rituals like smashing saucers which may not be appropriate in court.