European Convention on Human Rights Part 3 – Other provisions about offender management
216.Polygraph condition: Sections 24, 25 and 26 provide the Secretary of State with the power to impose a mandatory polygraphy test condition on the licences of certain released sex offenders. A proposal to conduct mandatory polygraph tests for certain prisoners as a condition of their release on licence is capable of engaging Article 8 ECHR (the right to respect for private life).
217.The Government takes the view that, where such a condition is imposed, the clear benefits for effective offender management will ensure that any interference with an Article 8 right will be necessary in pursuit of a legitimate aim (i.e. the interests of public safety and for the protection of the rights and freedoms of others) for the purposes of Article 8(2). That is particularly the case, given that polygraphy test conditions will only be imposed upon a specific class of serious offender i.e. adults sentenced to 12 months or more for certain sexual offences.
218.The Government takes the view that its conclusion is bolstered by the limited use to which test results will be put in practice, along with the prohibition contained in the section which limits its use in criminal proceedings in which the offender is the defendant.