Polygraph Testing of Sex Offenders

One of the most striking developments in the penal system in England and Wales is the increasing use of the polygraph by probation services. Despite severe criticism from scientific institutions and academic discourse, the legal order increasingly deploys the long-discredited polygraph in order to extract adverse statements from released offenders. Our article is structured as follows: First, we summarise the statutory and regulatory framework for the current use of the polygraph in the monitoring of sex offenders released on licence, and the proposed expansion of the polygraph testing regime as set out in the Domestic Abuse Bill and the Counter-Terrorism and Sentencing Bill respectively. We then review our findings in respect of governing policies and procedures uncovered by our FOI-based research, highlighting the concerning lack of consistency in respect of both practice and procedure. In the subsequent sections we set out the main arguments deployed by polygraph proponents, and posit our view that none of these arguments can withstand scrutiny. We conclude by proposing a moratorium on any further use of the polygraph by the State, in order to thoroughly evaluate its effect on the integrity of the legal order, human rights and, more generally, the Rationalist aspirations of the penal system. In addition, and given already existing law, we propose a process of independent oversight and scrutiny of the use of the polygraph in licence recall decisions and other situations impacting individual rights, especially police investigations triggered by polygraph test results.

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The case for polygraph testing of sex offenders

Legal and Criminological Psychology ◽

10.1348/135532508x295165 ◽

2008 ◽

Vol 13 (2) ◽

pp. 177-189 ◽

Cited By ~ 27

Author(s):

Don Grubin

Keyword(s):

Sex Offenders ◽

Polygraph Testing

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Post-conviction polygraph testing of sex offenders

International Review of Psychiatry ◽

10.1080/09540261.2018.1561428 ◽

2019 ◽

Vol 31 (2) ◽

pp. 141-148 ◽

Cited By ~ 1

Author(s):

Don Grubin ◽

Maxim Kamenskov ◽

R. Gregg Dwyer ◽

Tim Stephenson

Keyword(s):

Sex Offenders ◽

Polygraph Testing

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Accuracy and utility of post-conviction polygraph testing of sex offenders

The British Journal of Psychiatry ◽

10.1192/bjp.bp.105.008953 ◽

2006 ◽

Vol 188 (5) ◽

pp. 479-483 ◽

Cited By ~ 28

Author(s):

Don Grubin ◽

Lars Madsen

Keyword(s):

Sex Offenders ◽

False Positives ◽

Demographic Characteristics ◽

Self Report ◽

Community Based ◽

False Negatives ◽

Personality Variables ◽

Polygraph Testing ◽

Report Measure

BackgroundPolygraphy is used increasingly in the treatment and supervision of sex offenders, but little research has addressed its accuracy in this setting, or linked accuracy with utility.AimsTo investigate the utility and accuracy of polygraphy in post-conviction testing of community-based sex offenders.MethodA self-report measure examined the experiences of offenders with polygraphy.ResultsBased on self-report, the polygraph's accuracy was approximately 85%. False negatives and false positives were not associated with demographic characteristics, personality variables or IQ. The majority of offenders found the polygraph to be helpful in both treatment and supervision. Nine per cent of offenders claimed to have made false disclosures; these individuals had higher scores on ratings of neuroticism and lower scores on ratings of conscientiousness.ConclusionsThese results support the view that the polygraph is both accurate and useful in the treatment and supervision of sex offenders.

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Polygraph testing of sex offenders in a high secure hospital

The Psychiatrist ◽

10.1192/pb.bp.112.038463 ◽

2013 ◽

Vol 37 (4) ◽

pp. 141-143 ◽

Cited By ~ 1

Author(s):

David K. Ho ◽

Nikki Collins ◽

Morris Vinestock ◽

Mrigendra Das

Keyword(s):

Sex Offenders ◽

Sex Offender ◽

Sexual History ◽

Offender Treatment ◽

Sex Offender Treatment ◽

Mentally Disordered ◽

New Information ◽

Management Plans ◽

Sexual Histories ◽

Polygraph Testing

Aims and methodTo illustrate the clinical benefit of polygraph testing for mentally disordered sex offenders at a high secure psychiatric hospital. It is a retrospective review of two patients' case notes and of interviews with clinicians. Post Conviction Sex Offender Testing (PSCOT) was used to assist these patients in making disclosures regarding their sexual history and to aid their treatment.ResultsPost Conviction Sex Offender Testing was responsible for bringing about new disclosures relating to the patients' sexual histories and aiding their treatment progression to lower secure settings. New information was incorporated into the patients' treatment programmes and risk management plans. Post Conviction Sex Offender Testing also encouraged a more honest and effective participation in sex offender treatment programmes and allowed the evaluation of antilibidinal medication.Clinical implicationsPost Conviction Sex Offender Testing should be more widely considered among mentally disordered sex offenders who have been challenging to treat, as it has the potential to aid their management and progression to lower-security settings.

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