Part 3: Prevention and investigation of terrorism Section 38: TPIMs: polygraph measure
Section 38 inserts a new measure into Schedule 1 TPIMA 2011: a polygraph measure. Polygraphy is a means of measuring certain physiological responses that may be associated with deception. This section allows the Secretary of State to impose a requirement on an individual who is subject to a TPIM notice to participate in a polygraph examination for the purposes of: (i) monitoring their compliance with their other TPIM measures; and (ii) assessing whether variation of those other measures is necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity. The availability of polygraph as a TPIM measure provides a potential additional source of information about individuals of terrorism concern which can assist with the management of TPIM subjects. The results of the polygraph examination could be used to vary the individual’s measures. This might take the form of a relaxation (for example removing or easing a measure), or adding a further restriction, provided it is necessary and proportionate to do so.
	New paragraph 10ZA(2) of Schedule 1 TPIMA 2011 provides a power for the Secretary of State to make regulations governing the conduct of polygraph testing.
	New paragraph 10ZA(4) provides that the information gleaned during the polygraph test (either by way of admission, or by physiological reaction) will not be used in evidence against the TPIM subject for the prosecution of a criminal offence.
	Section 38(2) provides that instructions given to TPIM subjects by polygraph operators are "TPIM decisions" and so cannot be questioned in legal proceedings other than in the High Court (or, in Scotland, the Outer House of the Court of Session) (or, in Northern Ireland, the High Court in Northern Ireland).