Legislation – Counter-Terrorism and Sentencing Act 2021

10ZAPolygraph measure

1

The Secretary of State may impose a requirement for the individual—

a

to participate in polygraph sessions conducted with a view to—

i

monitoring the individual’s compliance with other specified measures;

ii

assessing whether any variation of the specified measures is necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity,

b

to participate in those polygraph sessions at such times as may be specified in instructions given by the Secretary of State, and

c

while participating in a polygraph session, to comply with instructions given to the individual by the polygraph operator.

2

The Secretary of State may by regulations made by statutory instrument make provision relating to the conduct of polygraph sessions, which may include in particular—

a

provision requiring polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the regulations;

b

provision about the keeping of records of polygraph sessions;

c

provision about the preparation of reports on the results of polygraph sessions.

3

The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State.

4

The following may not be used in evidence against the individual in any proceedings for an offence—

a

any statement made by the individual while participating in a polygraph session;

b

any physiological reaction of the individual while being questioned in the course of a polygraph examination.

5

Regulations under sub-paragraph (2) may make—

a

different provision for different purposes or different areas;

b

incidental, supplemental, consequential, saving or transitional provision.

6

A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

7

In this paragraph—

• “polygraph examination” means a procedure in which—

  1. a

     the polygraph operator questions the individual,

  2. b

     the questions and the individual’s answers are recorded, and

  3. c

     physiological reactions of the individual while being questioned are measured and recorded;

• “polygraph operator” means the person conducting a polygraph session;

• “polygraph session” means a session during which the polygraph operator—

  1. a

     conducts one or more polygraph examinations of the individual, and

  2. b

     interviews the individual in preparation for, or otherwise in connection with, any such examination.

ca

a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);