Your Rights as an Examinee
This page summarises the rights of a person taking a polygraph examination with a BPS member in the United Kingdom. Nothing on this page is legal advice. The law of England and Wales, and the contractual arrangements between the examinee, the examiner, and any retaining party, will govern your particular circumstances.
Consent
A polygraph examination conducted by a BPS member requires your informed written consent before testing begins. The examiner will explain the process, the instrumentation used, the fact of any audio or video recording, the issues to be discussed, and the persons or bodies to whom information and results will be reported. Mandatory testing under a UK statutory licence condition is a separate matter — see the note below.
Confidentiality
A BPS member may release information obtained during your examination only to the persons or bodies identified in your written consent, as required by law, or as directed by a court order. Information irrelevant to the issue under examination that may embarrass you must not be disclosed except where required by law.
Data Protection
A BPS member acting as a data controller must process your personal data in accordance with the UK GDPR and the Data Protection Act 2018, and must give you a privacy notice complying with Article 13 UK GDPR.
Fairness and Impartiality
A BPS member is required to conduct the examination in a neutral manner and must not display bias regarding your truthfulness before the examination is complete. Members may not include questions inquiring into protected characteristics under the Equality Act 2010 — such as religion, sexual orientation, or race — except where directly and demonstrably relevant to a specific investigation and with your informed written consent.
Reporting
The examiner’s report will be a factual, impartial, and objective account of the examination, including the examiner’s professional conclusion. Inconclusive results must be reported as such. The examiner must not overstate the reliability of the result.
Mandatory Testing Under Licence Conditions
Polygraph testing conducted under the Offender Management Act 2007 or the Domestic Abuse Act 2021 is a mandatory condition of licence for specified offenders in England and Wales. In that context, refusal may have consequences for the offender’s licence. Statements made during a mandatory polygraph examination cannot be used as evidence in criminal proceedings against the offender.
Making a Complaint
If you believe that a BPS member has failed to observe the Code of Ethics or the Standards of Practice, you may make a written complaint to the Secretary under the Complaints, Discipline and Appeals Procedure. That Procedure governs how complaints are received, investigated, and determined, and what sanctions the Society may impose. Nothing in it limits your right to pursue a legal remedy in the courts or to complain to any other body.
Frequently Asked Questions
Is a polygraph admissible in UK court?
Polygraph evidence is generally not admitted in UK criminal proceedings. It may be considered in civil, family, regulatory, or employment contexts, subject to the rules of each forum and to the discretion of the tribunal.
Can I refuse the examination?
Yes, except where the examination is imposed as a licence condition under statute. A consensual polygraph examination requires your informed consent, which you may withhold or withdraw.
How long does an examination take?
A BPS-standards examination is scheduled for not less than 90 minutes and is conducted in person.
Can I bring support?
You can ask the examiner and the retaining party in advance. Whether a support person may be present during the examination is a matter for the examiner’s professional judgment, having regard to the integrity of the examination and any policy of the retaining party.