September 19

September 19, 2008: Mandatory Polygraph Tests for Sex Offenders

The National Offender Management Service is proposing to operate a three-year pilot of mandatory polygraph tests to determine if the polygraph can help in the management of sex offenders.

A polygraph, commonly known as a 'lie-detector' is a device that measures changes in breathing, heart activity and sweating, all of which are believed to be related to deception. The polygraph will be used to monitor whether offenders are engaging in risky behaviour, or behaviour that puts them in breach of their licence conditions.

For each offender subject to polygraphy requirements risky behaviours would be identified that might indicate they were about to return to offending. A polygraph test would then be applied at regular intervals, to test the offender’s responses to questions about those behaviours.

Evidence from the polygraph would be used to help assess if an offender presents a risk to the public. If an offender failed a polygraph test this on its own would not be used as the basis of proceedings such as breach of licence or recall to prison. However such evidence might prompt further investigations which in turn might provide evidence of breach of the offender’s licence conditions.

The Offender Management Act 2007 enables mandatory polygraph testing for certain sex offenders. This consultation concerns the content of the rules that will regulate mandatory polygraph tests with sex offenders in the UK.

The pilot will take place in a limited area, and will be evaluated as to its effectiveness. Following the pilot a parliamentary decision will be taken as to the future of polygraph testing for sex offenders on a national basis, informed by the outcome of the pilot.

Sections 28-30 of the Offender Management Act enable the Home Secretary to insert a Polygraph Condition in the licence of certain individuals as specified in the Act, who are being released from prison having served a sentence for a sexual offence. A Polygraph Condition requires the released person to undertake polygraph tests as specified in the Act, in order to contribute to the safer management of that person in the community.

The Home Office funded a voluntary pilot of polygraph testing with sex offenders between 2003 and 2006. The voluntary pilot was an exploratory trial to ascertain whether polygraph testing could assist probation officers in their treatment and supervision of offenders.

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