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This is part of the oath of a jurist.
11.3 - Jury Oath or Affirmation
On empanelment, the court must swear jurors in accordance with the following oath or affirmation from schedule 3 of the Juries Act 2000 (see Juries Act 2000 s42):
Oaths by jurors—Criminal Trial
You (or, if more than one person takes the oath, you and each of you) swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by his or her religion) that you will faithfully and impartially try the issues between the Crown and [name of accused] in relation to all charges brought against [name of accused] in this trial and give a true verdict according to the evidence
Affirmations by jurors—Criminal Trial
You (or, if more than one person affirms, you and each of you) solemnly and sincerely declare and affirm that you will faithfully and impartially try the issues between the Crown and [name of accused] in relation to all charges brought against [name of accused] in this trial andgive a true verdict according to the evidence.
The relevant court official must inform the jurors that they may choose to take an oath or make an affirmation, unless the official is satisfied that the jurors are already aware of this choice (Evidence (Miscellaneous Provisions) Act 1958 s102). An affirmation has the same effect for all purposes as an oath (Evidence (Miscellaneous Provisions) Act 1958 s101).
It is not necessary to use a religious text when taking an oath, and the oath is valid even if the person taking the oath does not have a religious belief (Evidence (Miscellaneous Provisions) Act 1958 s103).
The Evidence (Miscellaneous Provisions) Act 1958 no longer contains any set response to the oath or affirmation. Instead, a juror may respond in any manner that indicates that he or she intends for his or her conscience to be bound by the oath or affirmation (see R v Benfield [1997] 2 VR 491).
Last updated: 1 January 2010