Commentary on Sections Part 3: Other Provisions about Offender Management Section 29: Effect of polygraph condition
125.This section sets out the requirements placed on an offender where polygraph testing is set as a condition of licence, describes a polygraph session and permits the Secretary of State to make rules to govern the conduct of polygraph sessions.
126.Subsection (1) describes the requirements of a polygraph condition. When imposed, such a condition requires an offender to participate in a polygraph session with a view to monitoring his compliance with the other conditions of his licence and improving his management on licence in the community. It also provides that an offender must participate in a polygraph session in accordance with instructions given by the appropriate officer and comply with instructions given him by the polygraph operator.
127.Subsection (2) describes what takes place during a polygraph session. During a polygraph session, the polygraph operator conducts a polygraph examination and interviews the offender in question in preparation or in connection with that examination.
128.Subsection (3) describes a polygraph examination. The polygraph operator questions the offender, and the offender’s answers are recorded. In addition, the physiological reactions of the released offender are measured and recorded by means of equipment approved by the Secretary of State.
129.Subsection (4) defines who is an ‘appropriate officer’ for the purpose of subsection (1).
130.Subsection (5) requires appropriate officers to have regard to any guidance issued by the Secretary of State with regard to instructions that an appropriate officer may issue with regard to attendance at polygraph sessions.
131.Subsection (6) enables the Secretary of State to make rules regarding the conduct of polygraph sessions.
132.Subsection (7) states that rules made under subsection (6) may include the qualifications that polygraph operators must satisfy, the way in which records of polygraph sessions are to be kept and the way reports on the results of polygraph sessions are to be prepared.
133.Subsection (8) states that the power to make rules as described in subsection (6) is excercisable by statutory instrument subject to the negative resolution procedure.