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Administration of oaths

Cap. 135, s. 79 · Revised Edition 2020

(1) An oath shall be administered to every member of a court martial and to any person in attendance on a court martial as judge advocate, officer under instruction, shorthand writer or interpreter. (2) Every witness before a court martial shall be examined on oath, Provided that where any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath, his or her evidence may be received, though not given over oath, if in the opinion of the court he or she is in possession of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth, so however that, when the evidence is given on behalf of the prosecution, the accused shall not be liable to be convicted upon such evidence alone unless it is corroborated by some other material evidence in support thereof implicating the accused. (3) An oath required to be administered under this section shall be in the prescribed form and shall be administered at the prescribed time by the prescribed person and in the prescribed manner.
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