7Affidavit instead of oath

7 Affidavit instead of oath

(1)  This section applies to an affidavit before a justice or an appointed person made by a person who the justice or appointed person is satisfied, having regard to any relevant matter, is not competent to take an oath.

(2)  The affidavit is –

(a) allowed as if it were taken on oath if –

(i) the justice or appointed person tells the person making it that it is important to tell the truth; and

(ii) that person declares that the affidavit does not contain any lies; and

(b) not allowed if the justice or appointed person is satisfied that the person –

(i) does not understand the difference between the truth and a lie; or

(ii) is not able to respond rationally to questions.

(3)  It is presumed, unless the contrary is established to the satisfaction of the justice or appointed person, that the person –

(a) understands the difference between the truth and a lie; and

(b) is able to respond rationally to questions.

(4)  This section does not make evidence admissible if it would otherwise be inadmissible.