“Polygraph Act 2007” is a colloquialism. There is no UK statute of that name. The statutory basis for mandatory polygraph testing of specified sex offenders on licence is sections 28 to 30 of the Offender Management Act 2007.
What the Act Introduced
Sections 28 to 30 of the Offender Management Act 2007 authorise the Secretary of State to impose polygraph testing as a condition of the licence of a person:
- who is serving a sentence for a specified sexual offence; and
- who is being 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
The Act specifies, and HMPPS policy reinforces, that:
- statements made by the offender during a polygraph examination under the licence condition cannot be used as evidence in criminal proceedings against the offender; and
- the polygraph examination is used for offender-management purposes, not as a basis for re-prosecution.
These limits reflect the purpose of the regime: to inform supervision and risk-management decisions, not to create a parallel route to prosecution.
Who Conducts the Testing
Polygraph examinations under the Act are conducted by examiners contracted or employed by HMPPS, in accordance with HMPPS policies and contracts. All such examinations must be conducted in compliance with applicable law. Where a BPS member conducts examinations under the statutory regime, they must additionally comply with the BPS Standards of Practice and any directions imposed by HMPPS.
Geographic Scope
The statutory regime established by the Offender Management Act 2007 applies in England and Wales. Separate legislation would be required to extend it to Scotland or Northern Ireland.