Sex offenders face lie-detector tests to assess risk to the public
20th Sep 2008
Sex offenders are to be forced to take lie detectors to see if they are a risk to the public or are breaking the terms of their release from jail, the Government announced yesterday.

A pilot scheme is to begin next year to test the use of polygraphs on sex offenders, including rapists and paedophiles, freed from prison on licence.

The results will determine how probation officers and police monitor offenders living in the community, including increasing the restrictions on their movements.

But the findings from the trials, which are to last three years, will not be admissible in court.

Today's announcement comes after an earlier pilot scheme involving ten probation areas in England and Wales which showed that almost 80 per cent of lie-detector tests prompted admissions from offenders.

A test will last about an hour and a half and will monitor an individual's heart rate, sweating, brain activity and blood pressure while they are asked a series of questions by private-sector companies. The firms would send the results back to the local probation service involved in the pilots.

Since the original pilots which were only conducted on a voluntary basis, ministers have changed the law to allow polygraph testing to be included in a release licence and for them to be mandatory.

If the pilots are successful, parliament could be asked to approve the scheme being rolled out throughout the whole of England and Wales.

The previous studies were conducted in Thames Valley, Northumbria, West Midlands, eastern region, Northamptonshire, Leicestershire, Lancashire, North and West London, Manchester and Devon and Cornwall.

Ninety per cent of probation officers said that the testing of offenders had been helpful in assisting them assessing the risk sex offenders posed to the public.

It was found that offenders were more likely to disclose information relevant to their behaviour and treatment when challenged with the results of their tests.

The pilots found among those taking the polygraph new disclosures relevant to treatment for sex offending and supervision were made in 79 per cent of first examinations and 78 per cent of retests.

Almost one third of new disclosures by sex offenders occurred when they were challenged by probation staff in interviews conducted after a polygraph test.

However, the weakness of the earlier tests was that they were conducted on a voluntary basis resulting in fewer than half of those eligible taking part.

The Ministry of Justice said that consultation is now under way to decide where the pilot scheme should operate.

Lie-detector tests are widely used in the United States for monitoring sex offenders and in criminal inquiries, custody evaluations and professional sexual misconduct cases.

In Britain their use is at an early stage and they cannot be used by police or accepted as evidence in court because of doubts over their accuracy.
Sex offenders living in the community are to take compulsory lie-detector tests after a study found 85 per cent were reoffending or breaching parole, or had failed polygraph tests.


Sex offenders living in the community are to take compulsory lie-detector tests after a study found 85 per cent were reoffending or breaching parole, or had failed polygraph tests.

The Home Office intends to introduce a law to force those offenders released from prison under community and probation orders to take the tests. The move is understood to be part of a pilot study included as a clause in the planned Management of Offenders and Sentencing Bill in the coming year.

The police are also considering using polygraphs to help monitor sex offenders and have discussed deploying them in cases involving domestic violence and stalking.

The controversial polygraph tests, which are considered to be 90 per cent accurate, can detect when people are lying by measuring changes in breathing, heart rate and sweating.

The move towards a compulsory system follows the results of the continuing pilot study in which 200 convicted sex offenders, who are mostly paedophiles but include some rapists, have volunteered for tests. The results, which were disclosed to The Independent, revealed that 85 per cent either failed or disclosed information about reoffending, breaching the conditions of their community orders, or were experiencing deviant behaviour involving children. Within the 85 per cent, about two-thirds made disclosures of information that had not been known to their probation officers. About 20 per cent failed the polygraph test without making a disclosure, but revealed information that needed further investigation.

The testers were not allowed to ask the sex offenders whether they had reoffended, but some volunteered the information, including one man who admitted having sex with an underage victim.

At first the new power for compulsory tests will be used in the project in which a total of 200 sex offenders have so far undergone a polygraph test. If this study is successful, the mandatory scheme is expected to be adopted nationally. The Probation Service, which along with the Home Office and police has been exploring the use of polygraphs, is enthusiastic about the use of lie detectors in managing sex offenders. The National Probation Directorate is drawing up plans for a possible regulatory body that could oversee the training and qualifications of polygraph testers.

Don Grubin, professor of forensic psychiatry at Newcastle University, who is leading the polygraph study, said: "We have discussed the use of polygraphs with the police.

"They are not using it at the moment, but are interested in trying it out in certain situations. They have indicated that it could be used in managing sex offenders, cases of domestic violence and people with a history of stalking. They are reluctant to use it in a criminal investigation, but I think there is some potential there."

Professor Grubin described the results of the current tests as "startling". "Most of these guys who are put before the polygraph just admit it all." Asked why offenders who were breaking their release conditions would volunteer to take a lie test, he replied: "There are some who want to prove they are low risk and think they can beat the polygraph." It can also be used to show that a former offender is sticking to his treatment and is no longer a danger.

In July last year Home Office and police representatives visited the FBI in Washington, the Department of Defence in Fort Lauderdale, Florida, and a private polygraph-testing centre to investigate lie detectors, which are widely used in the US.

Liz Hill, the head of public protection at the National Probation Directorate, who is overseeing the tests for the Home Office, said: "One of the things we learnt was that if you are going to go down this route you need a regulatory body."

The UK agencies involved in developing lie detectors have said the test can only be used as an indicator. The machines would not be used to gather evidence to be used in court.

THE TRUTH ABOUT THE POLYGRAPH

The creator of the comic strip character Wonder Woman also invented the first lie detector, or polygraph.

But the original device, unveiled by the psychologist William Marston in 1917, was widely criticised and has been replaced by far more sophisticated techniques.

Polygraphs are being used in a UK pilot study of 200 male sex offenders in nine regions around England. The Home Office believes they could be a useful tool in managing sex offenders.

The test measures changes in the rates of breathing, sweating and heart activity. The subject has tubes going round his chest and abdomen to measure breathing. Blood pressure is also recorded, and two flat rods are stuck to the subject's palm and finger to measure sweating.

These calculations indicate arousal in the subject. The theory behind the polygraph is that arousal is a non-voluntary part of the nervous system. If the subject's response pattern is greatly altered then it indicates that they are lying.

The sex offenders take up to three sets of questions, to which the answer is yes or no. One test is "sex history disclosure" in which the offender is questioned about victims and other behaviour. The "maintenance test" involves the offender being questioned about whether he is sticking to conditions of parole. Under the "specific issue test", the subject is questioned about aspects of an offence that they are denying. Only about 15 per cent of the offenders taking part in the British trial passed their polygraph test first time.
5th Jan 2005
Sex offenders forced to face lie-detector tests upon release