Policy background Custodial Sentences Sentences and offences in respect of which polygraph condition may be imposed
Section 146 makes provision to enable the Secretary of State to add polygraph testing as a licence condition for individuals convicted of sexual offences or domestic abuse offences subject to release on licence, who have been convicted under service law, or who are repatriated to England or Wales from overseas. The Act also updates and extends the list of sex offences eligible for polygraph testing.
	Section 28 of the Offender Management Act 2007 enables the Secretary of State to impose a polygraph testing licence provision on an offender released on licence in England and Wales. The current arrangements for testing sex offenders commenced in January 2013, following a successful pilot of polygraph for sexual offenders. Polygraph testing is included as an additional licence condition for all serious sexual offenders (in the case of indeterminate sentenced prisoners, with the consent of the Parole Board). In addition, probation officers have the discretion to propose the condition for some less serious offenders, where it is deemed necessary and proportionate to do so.
	There is currently no ability to impose polygraph conditions on sex offenders and domestic abuse offenders who meet the criteria and are repatriated offenders, or service offenders. It is considered that the Secretary of State’s ability to include a polygraph testing condition should be extended to sex offenders and domestic abuse offenders who are repatriated to England and Wales from overseas, or who are service offenders. This will ensure that the management of those offenders will benefit from the polygraph and will put beyond all doubt who should be made subject to testing. It will also make it consistent with the legislation that applies to terrorist offenders.
	The section retains existing sexual offences which are eligible for polygraph, and additionally expands the list to include sexual offences listed in Schedule 3 to the 2003 Act (the specified list of sexual offences for which notification requirements must be imposed). This will ensure consistency, both in the management of sex offenders and between jurisdictions when an offender is transferred from Scotland or Northern Ireland to serve their licence period in England and Wales and ensure current offences of concern in all jurisdictions are reflected.