Army Act 1955 (repealed)

93 Administration of oaths.F9 U.K.

(1) An oath shall be administered to every [F1 officer [F2 or warrant officer] appointed a] member of a court-martial and to any person, F3 . . ., in attendance on a court-martial as F3 . . ., officer [F4 or other person] under instruction, F5 or interpreter.

F6 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (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.]

[F8 (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

F1 Words in s. 93(1) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 24(1)(2)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F2 Words in s. 93(1) inserted (28.2.2002) by 2001 c. 19, s. 19, Sch. 2 para. 4; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F3 Words in s. 93(1) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 24(1)(2)(b), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F4 Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(1)

F5 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F6 S. 93(1A) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 24(1)(3), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F7 S. 93 (1B)(2) substituted (1.10.1992 (E.W.)) 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

F8 S. 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)

C1 This version of s. 93 records amendments made by 1991 c. 53 which are still partly prospective and amendments made by 1991 c. 62. Some amendments made by 1991 c. 62 conflict and they are shown in a separate version.

Textual Amendments applied to the whole legislation

F9 Act: 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