Once you’ve taken the Oath or given an Affirmation in Court you are legally obliged to be completely honest. If you’re caught out lying you can be charged with perjury, contempt of Court or even perverting the course of justice. Lying under oath can be both a criminal and a civil offence. The punishment could include a fine and/or a jail sentence, depending on what effect the lie has.
There are many examples of people accused of lying under oath. Jeffery Archer went to prison for four and a half years for lying in a libel case. On the other hand, Rupert Murdoch was recently accused of lying under oath at the Leveson Inquiry by Gordon Brown, but to date no proceedings have been taken. So what exactly is being sworn, who is it sworn to and when are they used?
Oaths
An oath is a verbal promise to tell the truth. They are frequently made while holding the Bible, but it is possible to swear on another relevant religious text. If a person has no particular religious belief they can make an affirmation, which we will discuss below.
Oaths are used in many areas of legal practice. In contentious work they will appear in both Criminal and Civil Litigation. In non-contentious work there are documents that must be sworn as true in Probate and Conveyancing work.
Where an oath is given in contentious proceedings, such as for a witness appearing in court, the form of oath taken is as follows:
‘I swear (or promise) by Almighty God (or the person may name a god recognised by his or her religion) that the evidence I shall give will be the truth, the whole truth and nothing but the truth.’
If an Oath is sworn outside court proceedings it will take a slightly different form, as follows:
‘I swear (or promise) by Almighty God (or the person may name a god recognised by his or her religion) that (followed by the words of the oath prescribed or allowed by law, so for example in a probate application you might swear that you have include the last will and testament of the deceased).’
In legal practice solicitors will often be asked to administer oaths for clients of other firms. This is to ensure that the solicitor administering the Oath is independent. The reason solicitors can administer Oaths is because they are officers of the Court, and they will usually charge a minimum of £5 for each document which they swear.
Affirmations
An Affirmation is a verbal, solemn and formal declaration which is made in place of an Oath. A person may choose to make an Affirmation rather than taking an Oath. An Affirmation has the same effect as an Oath and, as with oaths, there are different forms depending on whether the Oath is made in or out of Court.
For a witness appearing in court, the form of Affirmation is as follows:
‘I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.’
Affirmations made outside a court proceeding will take a slightly different form, as follows:
‘I solemnly and sincerely declare and affirm that (followed by the words of the Oath prescribed or allowed by law).’
Other terminology that applies to Oaths and Affirmations include a deponent who is the person in whose name an Affirmation is made. A deponent signs their name beside something called a jurat. A jurat is the certification at the end of an affirmation stating when and where the affirmation was affirmed and by whom. It might look like this:
‘Affirmed at (place where affirmed), this (day affirmed, for example, 2nd) day of (month and year, for example, May 20XX), before me, (insert signature)’
The likelihood is that the current system of swearing Oaths or making Affirmations will remain unchanged for the foreseeable future. It may be questionable if it provides a practical deterrent against people lying. It may also be questionable whether a religious oath should be kept as part of a modern legal system. Our advice is to keep a copy of the Bible handy in legal practice, as you will never know when you might need it!
The Legal Secretary Journal
