New System for Oaths and Affirmations In response to the difficulties Covid-19 creates for normal business practices, a suite of legislation has been passed by overnment to address these challenges. Rebecca acCann takes a closer look at this ma or change
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rom the Courts perspective, the move to remote working has brought to light the urgent need for a modern, technologyfriendly ustice system. The recently enacted Civil Law and Criminal Law ( iscellaneous Provisions) Act 2 2 (Act) aims to facilitate, among other things, the remote working of the Courts by providing for increased availability of electronic filing, the expansion of video link evidence, and remote hearings of appeals. The Act introduces both temporary measures to help the Courts during the coronavirus pandemic as well as long-term reforms of the ustice system. Interestingly, one provision in the Act – the introduction of statements of truths , has nothing to do with Covid-19 but will have a significant impact on legal practice from now on.
Traditional Forms of Swearing Documents can now be Replaced by Statements of Truth From 21 August 2 2 , where evidence is to be given in civil proceedings by way of affidavit or statutory declaration, the deponent (the person signing the document) can now, if they wish, make what is called a statement of truth instead of the traditional religion-based oath. p to now, affidavits and declarations re uire the deponent to swear or declare to the accuracy or truth of the contents of the particular document. This is done by swearing or declaring a religion-based oath in the physical presence of a Commissioner for aths 12 the Parchment
or a practising solicitor. A non-religious deponent can make what is known as an affirmation instead of an oath. The affirmation does not mention a higher being, but it exposes a deponent s lack of religious belief by virtue of the fact that the deponent has chosen to affirm rather than swear on the document. In contrast, a statement of truth is a simple non-religious statement confirming that the facts stated in the document are true. This can be done remotely without having to appear before a solicitor or Commissioner for aths. The statement of truth can be in electronic form too, which ties in with the general move by the Courts towards electronic filing. Conditions and exceptions to the use of statements of truth may be specified in the enabling Rules of the Courts, so we could see some potential limitations on the use of statements of truth when the enabling rules are introduced.
“Honest Belief� As a replacement to swearing before a higher being, the statement of truth must state that the person making the statement has an honest belief that the facts as stated are true and it must be signed by the person making the statement (electronically or otherwise as permitted by the Rules of the Courts).
Penalties for Breaches It is a criminal offence to make a statement in a statement of truth without an honest belief as to the truth of that statement.
