93 Administration of oaths.F8U.K.
(1)An oath shall be administered to every member of a court-martial and to any person [F1, other than an exempted person,] in attendance on a court-martial as judge advocate, officer [F2or other person] under instruction, F3 or interpreter.
[F4(1A)In subsection (1) above “exempted person” means any person appointed under section 30 of the M1Courts-Martial (Appeals) Act 1951 (assistants to Judge Advocate General) who is acting as judgeadvocate at the court-martial and was appointed so to act either by or on behalf of the Judge AdvocateGeneral or by the convening officer.]
[F5(1B)A witness before a court-martial—
(a)shall be examined on oath if he has attained the age of fourteen; and
(b)shall give evidence unsworn if he is under that age.
(2)Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.]
[F6[F7(2A)Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.]]
(3)An oath required to be administered under this section shall be in the prescribed form and shall beadministered at the prescribed time by the prescribed person and in the prescribed manner.
Textual Amendments
F1Words inserted by Armed Forces Act 1976 (c. 52), s. 12(1)(a)
F2Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(1)
F3Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10
F4S. 93(1A) added by Armed Forces Act 1976 (c. 52), s. 12(2)
F5S. 93 (1B)(2) substituted (1.10.1992) for s. 93(2) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 3; S.I. 1992/333, art. 2(2), Sch. 2
F6S. 93(2A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), 102(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F7S. 93(2A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 3(1)(b); S.I. 1991/2719, art. 2
Modifications etc. (not altering text)
C1This version of s. 93 records amendments made by 1991 c. 53 which are still partly prospective and amendments made by 1991 c. 62.70. Some amendments made by 1991 c. 62 conflict and they are shown in a separate version.
Marginal Citations
Textual Amendments applied to the whole legislation
F8Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2