The Terrorism Prevention and Investigation Measures (Polygraph) Regulations 2022

Regulation 6

SCHEDULE Reviews by the Polygraph Supervisor

1.  The polygraph supervisor must review every polygraph session (or part thereof) conducted by polygraph operators under these Regulations, starting from the date these Regulations come into force.

2.  For each review the polygraph supervisor must—

(a) examine charts produced during the polygraph session, and

(b) examine the report of the polygraph session.

3.  Each review of a polygraph session by the polygraph supervisor must consider—

(a) the question formulation by the polygraph operator. In particular, the polygraph supervisor should assess—

(i) whether the polygraph operator liaised with the Secretary of State and the views of the Secretary of State were taken into account when the questions were formulated;

(ii) whether the questions were based on factors relating to the assessment, treatment or management of the relevant individual, and

(iii) whether the questions asked were sufficiently clear to allow for a polygraph indication of deception;

(b) the technique of the polygraph operator. In particular, the polygraph supervisor should assess whether the following met the applicable standards of the American Polygraph Association—

(i) the analysis by the polygraph operator of the physiological responses of the relevant individual; and

(ii) the assessments of truth or deception by the polygraph operator;

(c) whether the polygraph session was conducted in accordance with these Regulations and with the contract between the polygraph provider and the Secretary of State; and

(d) whether the polygraph session met the standards of good polygraphy practice of the American Polygraph Association.

4.  If the polygraph supervisor identifies a failure when considering the matters in paragraph 3 of this Schedule, the polygraph supervisor must—

(a) record that failure as part of the review;

(b) inform the polygraph provider and the polygraph operator who conducted the polygraph session as soon as is reasonably practicable;

(c) propose appropriate remedial action to that polygraph operator, and

(d) arrange for additional sessions conducted by that polygraph operator to be reviewed, if the review indicates a concern about practice.