OATHS

THE OATHS ACT

ARRANGEMENT OF SECTIONS

1. Short title.

PART I. Oaths and Afirinations

2. Interpretation.
3. Manner of admilnistration of oaths.
4. Want of religious belief not to affect oath.
5. Oath in Scottish Fonn.
6. Substitution of affirmations for oaths in certain cases

Form of affirmation in lieu of prescribed oath.
Form of &mation in writing and jurat.

PART 11. Promissory Oaths

7. Form of oath of allegiance.
8. Form of official oath.
9. Form of judicial oath.

10. Form of oath of Privy Councillor.
11. Provision as to officers named in First Part of Schedule.
12. Provision as to officers named in Second Part of Schedule.
13. Oath of Privy Councillor.
14. Form of oath of allegiance substituted for the oaths heretofore

15. Persons required to take oaths.
made.

Miscellaneous Provisions us ro Oa~hs

16. Substitution of Sovereign’s name for the time being.
17. Justice of Peace need not take oath more than once during the

18. ALljrmation or declaration instead of oath.
same reign.

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2 OATHS

PART III. Unluwjful Oufhs

19. Oath binding to commit treason, arson or murder.
20. Oath binding to engage in sedition, etc.
21. Compulsion not to justify unless information given.
22. Aiders and abettors.
23. Indictment for offence against Act.
24. What to be deemed an oath.
25. Persons tried under this Part.

SCHEDULB

[The inclusion of this page is authorized by L.N. 480/ 19731

OA?‘HS

THE OATHS ACT

1. This Act may be cited as the Oaths Act.

(Substituted by Law 43 of lYS4)

2. In this Part the word “officer” means any person duly ititcrprclii-
tion. authorized to administer oaths.

3.-(1) Any oath may be administered and taken in the form hlatrllc‘ot‘
athiiitrisirit-

and manner following, that is to say, the person taking the oath tiortot
shall hold the Bible in his uplifted hand, and shall say or repeat
after the officer administering the oath the words-

“I swear by Almighty God that.. . . . . . . . . . .
followed by the words of the oath prescribed by law.

(2) The officer shall (unless the person about to take the
oath voluntarily objects thereto, or is physically incapable of so
taking the oath) administer the oath in the form and manner
aforesaid without question:

Provided that, in the case of a person who is neither a
Christian nor a Jew, the oath shall be administered in any
manner which is now lawfbl.

,.

4. Where an oath has been duly administered and taken, the W m o f
fact that the person to whom the same was administered had, at hliel.nu,,o
the time of taking such oath, no religious belief, shall not for any affia oatti.
purpose affect the validity of such oath.

rcligiws

4 OATHS

Oath in
Scottish form.

Substitution or
affirmations
for oaths in
certain cases.

Form of
f i i i o n in
lieu of pre-
scribed oath.

Form of
& i t i o n in
writing and
jurat.

Form of oath
of allegiance.

3512002
s. 2.

5. If any person to whom an oath is administered desires to
swear with uplifted hand, in the form and manner in which an
oath is usually administered in Scotland, he shall be permitted so
to do, and the oath shall be administered to him in such form and
manner without hrther question.

6 . 4 1 ) Every person upon objecting to being sworn, and
stating, as the ground of such objection, either that he has no
religious belief, or that the taking of an oath is contrary to his
religious belief, shall be permitted to make his solemn
affirmation, instead of taking an oath, in all places and for all
purposes where an oath is or shall be required by law, which
affirmation shall be of the same force and effect as if he had
taken the oath.

(2) Every such affirmation shall be as follows-
“I, All, do solemnly, sincerely and truly, declare

and then proceed with the words of the oath prescribed by law,
omitting any words of imprecation or calling to witness.

and afirm”,

(3) Every affirmation in writing shall commence “I,
of do solemnly

and sincerely affirm”, and the form in lieu of jurat shall be
“Affirmed at this . day of 19 .
Before me”.

PART 11. Promissory Oaths

7. The oath in this Part referred to as the oath of allegiance
shall be in the form following, that is to say-

“I, , do swear that I will be faithful
and bear true allegiance to Jamaica, that 1 will uphold and
defend the Constitution and the laws of Jamaica and that I will
conscientiously and impartially discharge my responsibilities to
the people of Jamaica - So help me God”.

CIA THS 5

8. The oath in this Part referred to as the official oath shall be Fomi of
otliicial
oath. in the form following, that is to say-

"I, , do swear that I will 32 2002
s. 3. well and truly serve the people of Jamaica in the ofice

of - So help me
God".

9. The oath in this Part referred to as the judicial oath shall be omo of
judicial
oath. in the form following, that is to say-

-1, , do swear that I will S'J'"'
be faithfid and bear true allegiance to Jamaica, that I will uphold
and defend the Constitution of Jamaica and that I will administer
justice to all persons alike in accordance with the laws and
usages of Jamaica without fear or favour, affection or ill will-
So help me God".

10. The oath in this Part referred to as the oath of the Privy Formof
Councillor shall be in the form following, that is to say- K:!'

"I,
Councillor.

, being chosen and admitted
of Her Majesty's Privy Council in Jamaica, do swear
that I will, to the best of my judgment, at all times
when thereto required, freely give my counsel and
advice to the Governor-General (or any other person
for the time being lawfully performing the functions of
that office); and that I will not directly or indirectly
reveal such matters as shall be debated in Council and
committed to my secrecy, but that I will in all things
be a true and faithhl Councillor-So help me God".

11. The oath of allegiance and official oath shall be tendered hovision as
to and taken by each of the officers named in the First Part of the cr:r
Schedule as soon as may be after his acceptance of ofice by the id part or
officer, and in the manner in that behalf mentioned in the First
Part of that Schedule.

Schedule.

6 OATHS

12. The oath of allegiance and judicial oath shall be taken by Pro\istond\
each of the officers named in the Second Part of the said ~a~~~~
Schedule, as soon as may be after his acceptance of ofice and secondpart
before his entering upon the duties thereof, and such oaths shall
be tendered and taken in manner in the said Second Part s J
indicated.

of Schedule
1966

13. The oath of allegiance and the oath of a Privy Councillor Oat'
shall be taken by each Privy Councillor as soon as may be after ;:hcillor,
he shall have been chosen and admitted of the Privy Council,
and such oaths shall be tendered by the Clerk of the Privy
Council and taken at a meeting of the Privy Council of Jamaica.

14. The form of the oath of allegiance provided by this Act F m o f
shall be deemed to be substituted for the form of the oath of
allegiance and supremacy, and for the forms of the oaths of s u ~ t u t d

oath of

I'w the oaths
heretofore
made.

allegiance, supremacy, and abjuration, heretofore taken.

15. No person shall be required to take the oaths of allegiance, Personsre-
supremacy, and abjuration, or any of such oaths, or to make any
declaration to the like effect of such oaths, or any of them,
except the persons required to take the oath of allegiance by this
Act.

Miscellaneous Provisioris as to Oaths

16. Where, in any oath under this Part, the name of her Suhstitu-
present Majesty is expressed, the name of the Sovereign of ~ ~ ~ ~ i g n . s
Jamaica for the time being shall be substituted from time to ~ ~ e ~ ~ e f i ~ r t h r .
time. x/ i 966

timc hcing.

S. 6.

17. Any person who has been, or shall be appointed a Justice Judiccol'
of the Peace by any commission, and has taken and z::rd
subscribed, or shall take and subscribe, the oaths oafinme
prescribed by section 12, shall not be obliged again to take and
subscribe the same oaths for or by reason of his having Ssmwign.

than once

OATHS 7

been or being again appointed a Justice of the Peace by any
subsequent commission which shall have been or shall be
granted during the reign of the same Sovereign, and shall
not incur any pcnalty or forfeiture for the not taking or
subscribing the said oaths on such reappointment.

18. Whenever an oath is required to be taken under this AlErmation
Part, every person for the time being by law permitted to tiooinstead
make a solemn affirmation or declaration instead of taking “Oath.
an oath may, instead of taking such oath, make a solemn
affirmation in the form of the oath hereby appointed, sub-
stituting the words “solemnly, sincerely, and truly declare
and affirm”, for the word ‘(swear”, and omitting the words
“So help me God”.

PART 111. Unlawful Oaths

or declara-

19. Every person who shall, in any manner or form oathbind-
whatsoever, administer, or cause to be administered, or %:E;,
be aiding or assisting at the administering of, any oaths ;%:
or engagement purporting or intending to bind the person
taking the same to commit any treason, arson, or murder,
shall on conviction thereof by due course of law, be liable 42/1%9
to imprisonment for life.

20. Every person who shall, in any manner or form Oathbind-
whatsoever, administer, or cause to be administered, or be zg&in
aiding or assisting at, or present at and consenting to the =ation,&.
administering or taking of, any oath or engagement, pur-
porting or intended to bind the person taking the same to
engage in any mutinous or seditious purpose, or to disturb
the public peace, or to be of any association, society, or
confederacy formed for any such purpose, or to obey the
orders or commands of any committee or body of men not
lawfully constituted, or of any leader or commander, or
other person not having authority of law for that purpose,
or not to inform or give evidence against any associate,
confederate, or other person, or not to reveal or discover

3rd Sch.

me inclusion of this page is authorized by L.N. 480/1973]

8 OATHS

4211969
3rd Sch.

Compulsion
not to
justify
unless
information
given.

8/1966
s. 8.

Aiders and
abettors.

421 1969
3rd Sch

Indictment
for offenoe
against Act.

any unlawful combination or confederacy, or not to reveal
or discover any illegal act done or to be done, or any illegal
oath or engagement which may have been administered or
tendered to or taken by any such person, or to or by any
such other person, or the import of any such oath or engage-
ment; and every person who shall take any such oath or
engagement, not being compelled thereto, shall, on convic-
tion thereof by due course of law, be liable to imprisonment
for a term not exceeding seven years.

21. Compulsion shall not justify or excuse any person
taking such oath or engagement unless he or she shall,
within fourteen days after the taking thereof, if not preven-
ted by actual force or sickness, and then within fourteen
days after the hindrance produced by such force or sickness
shall cease, declare the same together with the whole of
what he or she shall know touching the same, and the
person or persons by whom and in whose presence, and
when and where such oath or engagement was administered
or taken, by information on oath before any Justice, or in
case the person taking such oath or engagement shall be in
actual service in Her Majesty’s Forces within the meaning
of the Defence Act, then by such information on oath as
aforesaid, or by information to his Commanding Officer.

22. Any person aiding and assisting at the adminis-
tering of any such oath or engagement as aforesaid, and
any person causing any such oath or engagement to be
administered, though not present at the administering
thereof shall be deemed a principal offender, and shall be
tried as such, although the person or persons who actually
administered such oath or engagement, if any such there shall
be, shall not have been tried or convicted.

23. It shall not be necessary in any indictment against
any person administering, or causing to be administered

[The inclusion of this page is authorized by L.N. 480/1973]

OATHS

or taken, or taking, any such oath or engagement as aforesaid, or
aiding or assisting at, or present and consenting to the
administering or taking thereof, to set forth the words of such
oath or engagement, and it shall be suficient to set forth the
purport of such oath or engagement, or some material part
thereof.

9

24. Any engagement or obligation whatsoever in the nature of \\hat [O be
an oath, purporting or intending to bind the person talung the fzydrn
same to commit any treason, arson, or murder shall be deemed
an oath within the intent and meaning of this Act, in whatever
form or manner the same shall be administered or taken, and
whether the same shall be actually administered by any person
or persons to any other person or persons, or taken by any other
person or persons, without any administration thereof by any
other person or persons.

25. Any person who shall be tried and acquitted, or Persons
convicted, of any offence against this Part, shall not be liable to z;:da
be indicted, prosecuted, or tried again for the same offence or 8 1966
fact as high treason, or misprision of high treason, and nothing s.9.
in this Part contained shall be construed to extend to prohibit
any person guilty of any offence against this Part from being
tried for the same as high treason, or misprision of high treason,
in such manner as if this Part had not been enacted.

10 OATHS

811966
s. 10.

231 1978
s. 33.

1511983
S. 32.
411952
S. 26.

2512002
S. 26.
3512002
s. 5 .

61 1977
s. 2.

Attorney -General
Auditor-General
Contractor-General
Member of the Police
Public Complaints
Authority

Political Ombudsman

Public Defender

Judge of the Supreme
court

Judge of the Court of
Appeal

Judge of the Family
court

Judge of the Traffic
court

Resident Magismte

Justice of the Peace

SCHEDULE

First Part (Section 1 1)

Second Part
\

(Section 12)

Before the Governor-General. 1
Before the Governor-General or
before such person as the Governor-
General may appoint.

Before such person as the Govemor-
General may appoint.