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Report No. 28

4. Law in England.-In England the law on oaths and affirmations is to be found in the common law and in certain statutes. The power to administer oaths is contained in section 16 of the Evidence Act, 18511. The liberty to substitute affirmation for an oath and the form of such affirmation are topics dealt with in this Oaths Act, 18882. The Oaths Act, 19093, prescribes the form of oath and the procedure for administering it. Under the Oaths Act, 19614, the provisions of the 1888 Act are made applicable to a person to whom it is not reasonably practicable to administer an oath in the manner appropriate to his religious belief5.

The Perjury Act, 19116, makes certain saving provisions regarding irregularities in the form and ceremony of administering an oath7. Finally, the Oaths and Evidence (Overseas Authorities and Countries) Act, 1963,8deals with oaths to be administered in England for obtaining evidence for use in a country outside England and vice verse9.

1. Evidence Act, 1851 (14 and 15 Vict., c. 99).

2. Oaths Act, 1888 (51 and 52 Vict., c. 46).

3. Oaths Act, 1909 (9 Edward 7, c. 39).

4. Oaths Act, 1961 (9 and 10 Eliz. 2, c. 21).

5. For position before 1961, see R. v. Pritam Singh, (1958) 1 WLR 143: 1958 LQR 179.

6. Perjury Act, 1911 (1 and 2 Geo. 5, c. 6).

7. As to Commissioners for Oaths, see Acts of 1889 and 1891 (52 and 53 Vict., c. 10; 54 and 55 Vict., c. 50).

8. Oaths and Evidence, etc., Act, 1963, Ch 37.

9. See a discussion of this Act, 1964 MLR 333.







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