Defence Act, 1954
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Swearing of court.
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199.—(1) When a court-martial is constituted with the proper number of officers who are not objected to or the objections to whom have been over-ruled, the following provisions shall have effect, that is to say:—
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(a) an oath in the prescribed form shall be administered by the prescribed person to each member of the court-martial;
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(b) an oath in the prescribed form shall be administered by the prescribed person to the judge-advocate, to every officer in attendance for the purposes of instruction, and to every interpreter and shorthand writer or other note-taker in attendance.
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(2) If a person by this section required to take an oath objects to take an oath or is objected to as incompetent to take an oath, the court-martial shall, if satisfied of the sincerity of the objection or, where the competence of a person to take an oath is objected to, of the oath having no binding effect on the conscience of such person, permit such person, instead of being sworn, to make a solemn declaration in the prescribed form, and for the purposes of this Act such declaration shall be deemed to be an oath.
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(3) For the purposes of this section, different forms of oath and declaration may be prescribed for members of a court-martial, a judge-advocate, officers attending for instruction, interpreters and shorthand writers or other note-takers, and different persons may be prescribed to administer oaths and to take declarations.
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