New Clause 6
Offender Management Bill
12:15 pm
Peter Atkinson (Hexham, Conservative)
With this it will be convenient to discuss the following: New clause 7—Polygraph condition—
‘(1) For the purposes of section [Release on license: polygraph condition] a polygraph condition is a condition which requires the released person to participate in polygraph sessions conducted with a view to—
(a) monitoring his compliance with the other conditions of his licence;
(b) improving the way in which he is managed during his release on licence.
(2) A polygraph session is a session during which a person (a “polygraph operator”)—
(a) administers one or more polygraph examinations to the released person, and
(b) interviews the released person in preparation for, or otherwise in connection with, the administration of the examination or examinations.
(3) For the purposes of subsection (2), a polygraph examination is a procedure in which—
(a) the polygraph operator administering the examination questions the released person,
(b) the questions and the released person’s answers are recorded, and
(c) the released person’s physiological reactions while being questioned are measured and recorded by means of equipment of a type approved by the Secretary of State.
(4) A requirement to participate in polygraph sessions operates to require the released person—
(a) to participate in polygraph sessions at such times as may be specified in instructions given by an officer of a local probation board, and
(b) while participating in a polygraph session, to comply with instructions given to him by the polygraph operator.
(5) The Secretary of State may from time to time issue guidance as regards the giving of instructions under subsection (4)(a).
(6) The Secretary of State may make rules as to the conduct of polygraph sessions.
(7) The rules, may in particular, require polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the rules.’.
New clause 8—Amendment on the Criminal Justice Act 2003—
‘In section 250(4) of the Criminal Justice Act 2003 (c.44) (licence conditions for prisoners serving sentences of imprisonment of twelve months or more etc), in paragraph (b)(I) after “Criminal Justice and Court Services Act 2000” insert “or section [Release on licence: polygraph condition] of the Offender Management Act 2007 (c.).”.’.
New clause 9—Evidence from polygraph sessions—
‘(1) This section applies if a person participates in a polygraph session pursuant to the requirements of a polygraph condition.
(2) Evidence of the matters falling within subsection (3) may not be used—
(a) in any criminal proceedings in which the person is a defendant;
(b) in any proceedings on an appeal from such criminal proceedings.
(3) The matters are—
(a) any statement made by the person while participating in the polygraph session;
(b) the person’s physiological reactions while being questioned in the course of a polygraph examination administered to him during the polygraph session.
(4) In this section—
“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;
“polygraph condition”, “polygraph examination” and “polygraph session” have the same meaning as in section [Release on licence: polygraphic conditions].’.