Policy background Polygraph testing
Sections 28 to 30 of the Offender Management Act 2007 ("the 2007 Act") make provision for polygraph testing of certain sex offenders as a condition of their licence following their release from custody. Any offender released from custody with such a condition would be required to undertake polygraph tests as part of their duty to comply with their licence conditions. The polygraph is a device that measures certain physiological responses such as heart rate, breathing rate, blood pressure and skin resistance, changes in which are thought to indicate whether the subject is lying. A "polygraph condition" requires the offender, on release, to take part in regular "polygraph sessions", as instructed by their offender manager. The imposition of the condition allows compliance with other licence conditions to be monitored and gives information about an offender’s behaviour that will improve the effectiveness of how an offender is managed during the licence period. Section 30 of the 2007 Act makes it clear that the results of a polygraph examination cannot be used in proceedings against the released person for an offence. Polygraph testing of the most serious sexual offenders has operated across the whole of England and Wales since January 2014. Section 76 extends these provisions of the 2007 Act to cover domestic abuse offenders.