Extension of the Polygraph Regime
Section 76 of the Domestic Abuse Act 2021 extended mandatory polygraph testing — previously limited by the Offender Management Act 2007 to specified sex offenders on licence — to specified domestic abuse perpetrators released on licence in England and Wales.
Scope
Under section 76 and the regulations made under it, polygraph testing may be imposed as a licence condition on a person who:
- has been sentenced for a specified offence involving domestic abuse; and
- is released from custody on licence under the relevant provisions.
Where the condition is imposed, the offender is required to submit to polygraph examinations in accordance with directions given by HM Prison and Probation Service.
Limits on Use
Consistent with the earlier 2007 regime, statements made by the offender during a polygraph examination under the licence condition cannot be used as evidence in criminal proceedings against the offender. The testing informs supervision and risk management; it is not a route to re-prosecution.
Administration
Polygraph testing under section 76 is administered by HM Prison and Probation Service, part of the Ministry of Justice. HMPPS sets policy, contracts examiners, and integrates testing with offender management.
Geographic Scope
Section 76 applies in England and Wales. Separate provision would be required for extension to Scotland or Northern Ireland.
Further Reading
UK Legal Framework — overview · Offender Management Act 2007 (ss. 28–30)