PART 3

Prevention and investigation of terrorism

Terrorism prevention and investigation measures

TPIMs: polygraph measure
38
1
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (measures), after paragraph 10 insert—

Polygraph measure
10ZA
1
The Secretary of State may impose a requirement for the individual—
a
to participate in polygraph sessions conducted with a view to—
i
monitoring the individual's compliance with other specified measures;
ii
assessing whether any variation of the specified measures is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity,
b
to participate in those polygraph sessions at such times as may be specified in instructions given by the Secretary of State, and
c
while participating in a polygraph session, to comply with instructions given to the individual by the polygraph operator.
2
The Secretary of State may by regulations made by statutory instrument make provision relating to the conduct of polygraph sessions, which may include in particular—
a
provision requiring polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the regulations;
b
provision about the keeping of records of polygraph sessions;
c
provision about the preparation of reports on the results of polygraph sessions.
3
The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State.
4
The following may not be used in evidence against the individual in any proceedings for an offence—
a
any statement made by the individual while participating in a polygraph session;
b
any physiological reaction of the individual while being questioned in the course of a polygraph examination.
5
Regulations under sub-paragraph (2) may make—
a
different provision for different purposes or different areas;
b
incidental, supplemental, consequential, saving or transitional provision.
6
A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
7
In this paragraph—
- “polygraph examination” means a procedure in which—
  1. the polygraph operator questions the individual,
  2. the questions and the individual's answers are recorded, and
  3. physiological reactions of the individual while being questioned are measured and recorded;
- “polygraph operator” means the person conducting a polygraph session;
- “polygraph session” means a session during which the polygraph operator—
  1. conducts one or more polygraph examinations of the individual, and
  2. interviews the individual in preparation for, or otherwise in connection with, any such examination.
2
In section 17 of that Act (jurisdiction in relation to decisions under the Act), in subsection (3), after paragraph (c) insert—
ca
a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);
.