Overview
Polygraph examination has a limited, specific statutory basis in the United Kingdom. Two Acts of Parliament authorise its mandatory use as a licence condition for particular categories of offenders released from custody in England and Wales. Outside those statutory contexts, polygraph examination in the UK is not prohibited and is conducted on a consensual basis for purposes such as pre-employment screening, corporate investigations, and private matters.
The Two Statutes
The statutory framework in England and Wales consists of:
- the Offender Management Act 2007, sections 28 to 30 — often referred to colloquially as “the Polygraph Act 2007” — which authorised mandatory polygraph testing as a licence condition for specified sex offenders released from custody;
- the Domestic Abuse Act 2021, section 76 — which extended mandatory polygraph testing to specified domestic abuse perpetrators on licence.
Both statutory regimes apply in England and Wales. Separate provision would be required for the regime to extend to Scotland or Northern Ireland.
Administering Body
The statutory polygraph testing regime is administered by HM Prison and Probation Service (HMPPS), part of the Ministry of Justice. HMPPS sets the policies, contracts the examiners, and integrates testing with offender management.
Scope Beyond the Statutory Regime
Nothing in UK statute:
- licenses polygraph examiners;
- establishes a statutory regulator for polygraph examination; or
- prohibits polygraph examination conducted with the examinee’s informed consent.
Consensual polygraph work (pre-employment, corporate integrity, private matters, civil and family proceedings) is subject to general law, including the Equality Act 2010, the UK GDPR and Data Protection Act 2018, and common law duties of confidence and care.
Further Reading
Polygraph Act 2007 (Offender Management Act 2007, ss. 28–30) · Domestic Abuse Act 2021 (s. 76)