The Polygraph Rules 2009

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Polygraph Rules 2009 and shall come into force on 8^th April 2009.

(2) In these Rules—

“comparison question” means a question asked for the purpose of establishing a baseline response, to which the relevant offender’s responses to the relevant questions will be compared;

“polygraph provider” means a person who has contracted with the Secretary of State to provide polygraph services;

“polygraph supervisor” means a person appointed by the polygraph provider to review polygraph sessions;

“post-test interview” means any interview conducted by the polygraph operator with the relevant offender during a polygraph session, following the completion of any polygraph examinations;

“pre-test interview” means any interview conducted by the polygraph operator with the relevant offender during a polygraph session, prior to the start of any polygraph examinations;

“probation provider” means a provider of probation services under section 3 of the Offender Management Act 2007 or a local probation board;

“relevant question” means a question asked for the purpose of monitoring compliance with the relevant offender’s licence conditions or improving the management of the relevant offender; and

“relevant offender” means a person to whom section 28 of the Offender Management Act 2007 applies.

Application

2.  These Rules apply to all polygraph sessions held pursuant to a polygraph condition.

Qualifications of polygraph operators

3.—(1) A polygraph operator will be suitably qualified if the polygraph operator has—

(a) completed the following courses—

(i) a polygraph training programme accredited by the American Polygraph Association; and

(ii) a post conviction sex offender testing training programme accredited by the American Polygraph Association; and

(b) carried out a minimum of 20 post conviction sex offender testing polygraph examinations under the supervision of an American Polygraph Association examiner.

(2) A polygraph operator will cease to be suitably qualified unless they attend at least 15 hours of continuing development training every twelve months from the date these Rules come into force. The continuing development training must cover—

(a) new developments, techniques or methods in the field of polygraphy; and

(b) current research or techniques in respect of the assessment of sexual offenders.

Polygraph operator independence

4.  A polygraph operator who is also an officer of a probation provider or a therapist must not conduct a polygraph session on a relevant offender in whose supervision or treatment they have been involved.

Polygraph session requirements

5.—(1) Polygraph sessions must be conducted by suitably qualified polygraph operators.

(2) Polygraph sessions must be electronically recorded using audiovisual recording equipment.

(3) A polygraph session must include a pre-test interview, one or more polygraph examinations and a post-test interview.

(4) A polygraph examination must include one or more comparison questions and at least one, but not more than four, relevant questions.

(5) The polygraph operator must compile a report of each polygraph session conducted by that polygraph operator. The report must include details of all questions and answers during the polygraph examination and of the polygraph operator’s conclusions. The report must also include any disclosures made by the relevant offender during the polygraph session.

6.—(1) At the start of each polygraph session, the polygraph operator must explain to the relevant offender—

(a) the requirements of and arrangements for the polygraph session; and

(b) that anything disclosed during the session may be communicated to the probation provider responsible for that relevant offender’s supervision.

(2) Before commencing the pre-test interview, the polygraph operator must obtain written confirmation from the relevant offender that the matters in paragraph (1) above have been explained and that the relevant offender has understood that explanation.

(3) The polygraph operator must attach that written confirmation to the report of the polygraph session.

Polygraph supervisor

7.—(1) A polygraph supervisor must review the polygraph sessions in accordance with the Schedule.

(2) A polygraph supervisor must meet the qualification requirements for polygraph operators in rule 3.

(3) A polygraph supervisor must meet each polygraph operator whose sessions are reviewed by that polygraph supervisor at least once every six months from the date these Rules come into force to discuss the work of that polygraph operator.

Reports of polygraph session reviews

8.  The polygraph provider is required to prepare a report for the Secretary of State every six months from the date these Rules come into force. The report must include—

(a) the total number of polygraph session reviews conducted by the polygraph supervisor during the six months covered by the report;

(b) a summary of each review;

(c) details of any polygraph sessions not conducted in accordance with these Rules or with the contract between the polygraph provider and the Secretary of State; and

(d) details of any remedial action taken to address any non-compliance with these Rules or the contract between the polygraph provider and the Secretary of State, or an explanation for any decision not to take remedial action to address non-compliance.

Signed by the authority of the Secretary of State

David Hanson

Minister of State

10th March 2009

Ministry of Justice