Section 44Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Evidence to be given on oath
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44. Every witness in any criminal cause or matter shall be examined upon oath or affirmation and the court before which any witness shall appear shall have full power and authority to administer the appropriate oath or affirmation in accordance with the Evidence Act (2021 Revision). Provided that the court may, at any time, if it thinks it just and expedient (for reasons to be recorded in the proceedings), take without oath the evidence of any person declaring that the taking of any oath whatever is according to that person’s religious belief unlawful, or who, by reason of immature age or want of religious belief ought not, in the opinion of the court, to be admitted to give evidence on oath; the fact of the evidence having been so taken shall be recorded in the proceedings.