Part 3

Other provisions about the management of offenders

Polygraph conditions for certain offenders released on licence

Effect of polygraph condition
29
1
For the purposes of section 28, a polygraph condition is a condition which requires the released person—
a
to participate in polygraph sessions conducted with a view to—
i
monitoring his compliance with the other conditions of his licence; or
ii
improving the way in which he is managed during his release on licence;
b
to participate in those polygraph sessions at such times as may be specified in instructions given by an appropriate officer; and
c
while participating in a polygraph session, to comply with instructions given to him by the person conducting the session (“the polygraph operator”).
2
A polygraph session is a session during which the polygraph operator—
a
conducts one or more polygraph examinations of the released person; and
b
interviews the released person in preparation for, or otherwise in connection with, any such examination.
3
For the purposes of subsection (2), a polygraph examination is a procedure in which—
a
the polygraph operator questions the released person;
b
the questions and the released person’s answers are recorded; and
c
physiological reactions of the released person while being questioned are measured and recorded by means of equipment of a type approved by the Secretary of State.
4
In subsection (1)(b) “appropriate officer” means an officer of a provider of probation services or an officer of a local probation board.
5
An appropriate officer giving instructions as mentioned in subsection (1)(b) must have regard to any guidance issued by the Secretary of State.
6
The Secretary of State may make rules relating to the conduct of polygraph sessions.
7
The rules may, in particular—
a
require polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the rules;
b
make provision about the keeping of records of polygraph sessions; and
c
make provision about the preparation of reports on the results of polygraph sessions.
8
The power to make rules under subsection (6) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.