Section 191 Extension of polygraph condition to certain offendersI1

Section 28 of the Offender Management Act 2007 (application of polygraph condition) is amended as follows.

In subsection (1), after “applies” insert “(see subsections (2), (2A) and (2B))”.

After subsection (2) insert—

“(2A)

This section also applies to a person serving a relevant custodial sentence in respect of an offence of murder who—

(a)

the Secretary of State considers poses a risk of committing a relevant sexual offence on release,

(b)

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

(c)

is aged 18 or over on the day the person is released.

(2B)

This section also applies to a person serving a relevant custodial sentence in respect of an offence who—

(a)

at any earlier time during that sentence was concurrently serving a relevant custodial sentence in respect of a relevant sexual offence,

(b)

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

(c)

is aged 18 or over on the day the person is released.”

In subsection (4A)—

In subsection (4B), after paragraph (b) insert—

“(c)

in paragraph (d) “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).”

After subsection (4B) insert—

“(4BA)

An offence is within this subsection if—

(a)

it was committed before 18 June 2009,

(b)

it was punishable with imprisonment for more than 2 years, and

(c)

it is not specified in Schedule A1 to the Sentencing Code (and, in the case of a service offence, the corresponding offence is not so specified).

(4BB)

An offence is within this subsection if—

(a)

it was committed on or after 18 June 2009 but before 29 June 2021,

(b)

it was punishable with imprisonment for more than 2 years,

(c)

it is not specified in Schedule A1 to the Sentencing Code,

(d)

it was not an offence in relation to which section 30 or 31 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied (and was not an offence in relation to which section 31 of the Counter-Terrorism Act 2008 would have applied if paragraph (b) of subsection (1) of that section were omitted), and

(e)

it is not a service offence.

(4BC)

An offence is within this subsection if—

(a)

it is a service offence,

(b)

it was committed on or after 18 June 2009 but before any day specified for the coming into force of section 1 of the Counter-Terrorism and Sentencing Act 2021 for the purposes of section 69 of the Sentencing Code as applied by section 238 of the Armed Forces Act 2006,

(c)

it was punishable with imprisonment for more than 2 years,

(d)

it was not an offence in relation to which section 32 of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code applied, and

(e)

the corresponding offence is not specified in Schedule A1 to the Sentencing Code.”

In subsection (4C) after “section” insert “(except subsections (4BA) to (4BC))”.

In subsection (4D) for “subsection (4C)” substitute “subsections (4BA) to (4C)”.