Part 3Other provisions about the management of offenders

Polygraph conditions for certain offenders released on licence

I1I2C128Application of polygraph condition

1

The Secretary of State may include a polygraph condition in the licence of a person to whom this section applies.

2

This section applies to a person serving a relevant custodial sentence in respect of a relevant sexual offence F12or a relevant terrorist offence who—

a

is released on licence by the Secretary of State under any enactment; and

b

is not aged under 18 on the day on which he is released.

3

In this section “relevant custodial sentence” means—

a

a sentence of imprisonment for a term of twelve months or more (including such a sentence imposed under section F1226A or 227 of the Criminal Justice Act 2003 (c. 44) F3or under section 279 F11or 282A of the Sentencing Code);

b

a sentence of detention in a young offender institution for a term of twelve months or more;

c

a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) F5or under section 259 of the Sentencing Code;

d

a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 F6, or under section 250 of the Sentencing Code, for a period of twelve months or more;

e

a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 F7or under section 272 or 275 of the Sentencing Code; F8...

f

a sentence of detention under section 226 F2, 226B or 228 of the Criminal Justice Act 2003 F4or under section 254 or 258 of the Sentencing CodeF9or

g

a sentence of detention under section 252A of the Sentencing Code.

4

In this section “relevant sexual offence” means—

a

an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences);

b

an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act (offences under the law of Scotland); or

c

an offence specified in Part 2 of Schedule 17 to that Act (offences under the law of Northern Ireland).

F104A

In this section “relevant terrorist offence” means—

a

an offence that is specified in Part 1 or 2 of Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences carrying restricted eligibility for release on licence),

b

a service offence as respects which the corresponding civil offence is so specified, or

c

an offence that was determined to have a terrorist connection.

4B

In subsection (4A)—

a

in paragraph (b), “service offence” and “corresponding civil offence” have the same meaning as in the Counter-Terrorism Act 2008 (see section 95 of that Act);

b

paragraph (c) is to be read in accordance with section 247A(7A) of the Criminal Justice Act 2003 (meaning of offences determined to have a terrorist connection).

5

In section 250(4) of the Criminal Justice Act 2003 (licence conditions for prisoners serving sentences of imprisonment of twelve months or more etc), in paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” there is inserted “ or section 28 of the Offender Management Act 2007 ”.