Schedules
Schedule 7Prevention and investigation measures
Part 1Measures
I1I212Polygraph 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 foreign power threat 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 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
In this paragraph—
“polygraph examination” means a procedure in which—
- a
the polygraph operator questions the individual,
- b
the questions and the individual’s answers are recorded, and
- c
physiological reactions of the individual while being questioned are measured and recorded;
- a
“polygraph operator” means the person conducting a polygraph session;
“polygraph session” means a session during which the polygraph operator—
- a
conducts one or more polygraph examinations of the individual, and
- b
interviews the individual in preparation for, or otherwise in connection with, any such examination.
- a