Commentary on Sections Part 3: Other Provisions about Offender Management Section 28: Application of polygraph condition to certain licences
119.This section permits a polygraph condition to be included in the licence of an offender convicted of a specified sexual offence who is released from custody into the community on licence. Any offender released from custody with such a condition would be required to undertake polygraph tests. Polygraphy is a means of measuring certain physiological responses that may be associated with deception. The purpose of the polygraph test is to monitor whether offenders are complying with their licence conditions or to improve the management of the offender during his release in the community on licence.
120.Subsection (1) permits the Secretary of State to include a polygraph condition in the licence of a person covered by subsection (2). The term ‘licence’ refers to the licence issued to certain offenders on release from relevant custodial sentences, which specifies the terms of their conditional release from prison. Current legislation allows certain conditions to be set in release licences – this legislation extends this to enable the addition of a requirement to undertake polygraph testing in the case of offenders serving sentences for relevant sexual offences.
121.Subsection (2) specifies the offenders who may be required to undertake a polygraph test, namely those who have served a relevant custodial sentence for a relevant sexual offence and who are released on licence and are not aged under 18 on the day of release from custody.
122.Subsection (3) defines ‘relevant custodial sentence’ for the purposes of subsection (2).
123.Subsection (4) defines ‘relevant sexual offences’ for the purposes of subsection (2).
124.Subsection (5) amends the Criminal Justice Act 2003 to enable the polygraph condition to be inserted in the licence of a prisoner released under that Act, provided that he meets the eligibility requirements for having a polygraphy condition included in his licence.