The National Security Act 2023 (Prevention and Investigation Measures) (Polygraph) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations govern the conduct of polygraph sessions in relation to individuals who are subject to a Prevention and Investigation Measures (“PIM”) notice under Part 2 of the National Security Act 2023(1) (“the 2023 Act”).

Regulation 2 specifies that these Regulations apply to the conduct of all polygraph sessions conducted pursuant to a polygraph measure imposed under section 39 of and paragraph (12) of Schedule 7 to the 2023 Act.

Regulation 3 prohibits polygraph operators who are also police officers, probation officers or therapists from conducting polygraph examinations on individuals whom they have managed, supervised or treated.

Regulation 4 sets out requirements as to qualifications, supervision, experience and continuing development training for polygraph operators, who are responsible for carrying out polygraph sessions.

Regulation 5 requires a polygraph operator to ensure that a police officer has explained to the individual being examined the requirements and arrangements for the session and how any information they give during the session may be used. In practice when the PIM Notice including the polygraph measure is imposed, the subject will be provided with a letter explaining how the polygraph test works and the requirements of the session. Regulation 5 also specifies that polygraph sessions must be recorded by the polygraph operator, requires a session to include both pre and post-test interviews, and restricts the type of questions that can be asked during a polygraph examination.

Regulation 6 and the Schedule specify the requirements for review of polygraph sessions by an independent polygraph operator (the polygraph supervisor), and require that a polygraph supervisor reviews each polygraph session. An exemption is provided in regulation 6(3) to allow the review of just the polygraph reports to be conducted by individuals who are not qualified polygraph operators.

Regulation 7 requires polygraph operators to maintain reports of their conclusions from the session. In practice these reports cover an analysis by the polygraph operator of the physiological responses of the relevant individual, and an assessment by the polygraph operator of truth or deception.

Regulation 8 requires polygraph providers to provide an annual report to the Secretary of State and sets out what that information should include.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

2023 c.32.