The King's Speech 2026, delivered on 13 May 2026, included the announcement of a proposed National Security Bill. Among its provisions, the background briefing notes published by the Prime Minister's Office confirm that the Government intends to make polygraph testing available as a licence condition for state threat offenders. This represents a further expansion of the use of polygraph examinations within UK offender management and public protection frameworks.
The proposal does not introduce polygraph testing to the UK criminal justice system for the first time. Rather, it extends an existing risk-management approach — already applied to certain sexual offenders and terrorist-connected offenders — to a new category of offender. This article examines what the briefing notes say, what the proposal means in practice, and why it matters for criminal justice professionals.
What the King's Speech 2026 Briefing Notes Say About Polygraph Testing
The background briefing notes for the King's Speech 2026, published by the Prime Minister's Office on 13 May 2026, set out the Government's legislative programme. Among the measures described under the proposed National Security Bill, the briefing notes confirm that the legislation would add polygraph testing as an available licence condition for state threat offenders.
The briefing notes position this proposal within the broader context of countering state threats, hostile state activity, and the need to align the management of state threat offenders with existing counter-terrorism-style risk-management tools. The National Security Act 2023 already introduced polygraph sessions as a measure within State Threats Prevention and Investigation Measures (STPIMs) to monitor compliance and assess risks posed by individuals subject to such notices. The proposed National Security Bill appears to extend this logic to post-release licence supervision.
It is important to note that the briefing notes describe polygraph testing as an available licence condition — not an automatic or universal one. This is consistent with the existing approach to polygraph testing in UK offender management, where imposition depends on individual risk assessment, professional judgement, and the circumstances of each case.
Who Are State Threat Offenders?
State threat offenders, in the context of UK national security legislation, are individuals who have been convicted of offences connected to hostile activity carried out on behalf of, or in the interests of, a foreign state or its proxies. This may include offences related to espionage, sabotage, interference with critical infrastructure, or other activities that threaten the security of the United Kingdom.
The National Security Act 2023 created specific criminal offences and civil prevention measures to address state-linked threats. The proposed National Security Bill announced in the King's Speech 2026 appears designed to strengthen this framework further, including the introduction of additional tools for post-conviction risk management.
In practical terms, this is a relatively small but strategically significant cohort of offenders. The Government's concern is that state threat offenders released into the community may continue to pose a risk of re-engagement with hostile state activity, intelligence gathering, or interference — and that existing licence supervision may benefit from additional structured tools to support compliance monitoring.
Polygraph Testing in UK Offender Management: The Existing Framework
Polygraph testing is not new to UK offender management. It has been used in the following contexts:
- Sexual offenders — mandatory polygraph testing has been available as a licence condition for certain sexual offenders released on licence since 2014, under the Offender Management Act 2007.
- Terrorist and terrorist-connected offenders — polygraph testing was extended to this category of offender from 2021.
- High-risk offenders — the Government has recently further extended polygraph testing provisions to additional categories of high-risk offender, including those convicted of murder who are assessed as posing a risk of committing a sexual offence on release.
In all of these contexts, polygraph testing is used as a post-conviction, post-release risk-management tool. It is not used to determine guilt or innocence. It is not used as evidence at trial. Its purpose is to support probation practitioners and multi-agency public protection arrangements by providing additional risk-related information that may not otherwise be available through standard licence supervision.
The proposal to extend polygraph testing to state threat offenders follows the same logic and the same operational framework.
Why This Matters for UK Offender Management
The extension of polygraph testing to state threat offenders represents a continued broadening of the UK Government's approach to structured risk management within licence supervision.
For criminal justice professionals, the key implications include:
- Alignment across threat categories — polygraph testing is now being applied, or proposed, across sexual offenders, terrorism-connected offenders, and state threat offenders. This signals that the Government views polygraph testing as a core component of high-risk licence supervision, not a measure confined to a single offence category.
- Risk-focused supervision — polygraph examinations within licence supervision are designed to support disclosure, identify non-compliance, and assist probation practitioners in making informed risk-management decisions.
- Proportionate application — the briefing notes describe polygraph testing as an available condition, not a mandatory one. This allows for case-by-case assessment and ensures that its use remains proportionate to the individual risk profile.
- Implications for legal practitioners — solicitors and barristers representing clients subject to, or potentially subject to, polygraph licence conditions should understand the scope, limitations, and procedural framework of these examinations.
What Polygraph Examinations Can and Cannot Do
It is essential to maintain clarity about the proper role of polygraph examinations in the criminal justice system. In the context of post-conviction risk management:
What Polygraph Examinations Can Do
- Encourage fuller disclosure of risk-relevant information during structured interviews.
- Identify areas of potential non-compliance with licence conditions.
- Provide probation practitioners with additional information to inform supervision decisions.
- Support multi-agency public protection decisions by highlighting previously undisclosed concerns.
- Complement existing risk-assessment processes and professional judgement.
What Polygraph Examinations Cannot Do
- Determine guilt or innocence.
- Provide definitive proof that a person is or is not telling the truth.
- Replace professional risk assessment, intelligence analysis, or investigative processes.
- Serve as standalone evidence in court proceedings in England and Wales.
- Guarantee that an offender poses no further risk.
This distinction is not a weakness — it is a feature of responsible professional practice. Polygraph testing is most valuable when it is understood as one element within a wider framework of risk management, supervision, and public protection.
Proportionality and Professional Standards
Any expansion of polygraph testing must be accompanied by robust safeguards. In the UK context, this includes:
- Lawful authority — polygraph testing must be authorised under an appropriate statutory or regulatory framework.
- Proportionality — the use of polygraph testing should be proportionate to the level of risk posed by the individual and the nature of the offence.
- Professional conduct — examinations should be carried out by trained, qualified examiners in accordance with recognised professional standards, including APA (American Polygraph Association) standards of practice.
- Contextual interpretation — results must be interpreted in context and alongside other available information. A polygraph result should never be treated in isolation.
- Procedural fairness — the examinee should understand the purpose of the examination, the questions to be asked, and how the results may be used.
These safeguards are important regardless of the offender category to which polygraph testing is applied. The extension to state threat offenders does not change the fundamental principles of fair, proportionate, and professionally conducted testing.
From Sexual Offenders and Terrorist Offenders to State Threat Offenders
The progression from sexual offenders (2014) to terrorist-connected offenders (2021) to the proposed extension to state threat offenders (2026) reflects a considered, incremental approach by the UK Government.
Each extension has built upon the operational experience gained from the previous one. The Probation Service has conducted more than 9,000 polygraph examinations since 2014. This practical experience has informed both the Government's confidence in the approach and the procedural frameworks that govern its use.
The common thread across all three categories is risk management. In each case, the offenders in question are individuals who have been convicted of serious offences, have been released on licence, and may pose an ongoing risk that is difficult to monitor through standard supervision alone. Polygraph examinations provide an additional structured mechanism for eliciting disclosure, testing compliance, and informing risk-management decisions.
Implications for Solicitors, Barristers, Probation Professionals and Criminal Justice Agencies
The continued expansion of polygraph testing within UK offender management has practical implications for a range of professionals:
- Solicitors and barristers — should be aware that polygraph testing may form part of their clients' licence conditions and should understand both its scope and its limitations. Legal practitioners may wish to familiarise themselves with the procedural framework to advise clients appropriately.
- Probation practitioners — will need to understand how polygraph results should be interpreted and integrated into risk-management plans. Polygraph results should not be treated as determinative, but as one source of information to be weighed alongside other evidence and professional judgement.
- Intelligence and security professionals — the extension to state threat offenders may create new points of intersection between probation supervision and national security risk management.
- Multi-agency partners — agencies involved in MAPPA and public protection arrangements should understand how polygraph testing fits within the wider risk-management framework for state threat offenders.
Conclusion
The King's Speech 2026 briefing notes confirm that the UK Government intends to extend polygraph testing to state threat offenders as an available licence condition under the proposed National Security Bill. This represents a further, measured expansion of an approach that has been used in UK offender management since 2014.
The proposal is not about determining guilt or innocence. It is about strengthening the tools available to those responsible for post-conviction risk management, compliance monitoring, and public protection. Polygraph testing, when used proportionately, professionally, and as one part of a wider supervision framework, can support disclosure, identify non-compliance, and contribute to more informed risk-management decisions.
As with all uses of polygraph testing in the criminal justice system, it is essential that any extension is accompanied by proper safeguards, professional standards, contextual interpretation, and proportionate application. Polygraph examinations are not a substitute for legal evidence, professional judgement, intelligence assessment, or investigation. They are an additional structured tool that, when used responsibly, can enhance the quality of risk-focused supervision.
Frequently Asked Questions
What does the King's Speech 2026 say about polygraph testing?
The background briefing notes for the King's Speech 2026 confirm that the proposed National Security Bill would add polygraph testing as an available licence condition for state threat offenders. This extends an approach already applied to certain sexual offenders and terrorist-connected offenders.
Are polygraph examinations already used in the UK criminal justice system?
Yes. Polygraph testing has been used as a licence condition for certain sexual offenders since 2014 and for terrorist-connected offenders since 2021. The Probation Service has conducted more than 9,000 polygraph examinations since 2014.
Do polygraph examinations determine guilt or innocence?
No. In the UK offender management context, polygraph examinations are a post-conviction risk-management tool. They are not used to determine guilt or innocence, and they are not admissible as evidence of guilt or innocence in criminal trials in England and Wales.
What is a state threat offender?
A state threat offender is a person convicted of offences connected to hostile activity carried out on behalf of, or in the interests of, a foreign state. This may include espionage, sabotage, interference, or other activities threatening UK national security.
Would polygraph testing be mandatory for all state threat offenders?
Based on the briefing notes, polygraph testing would be an available licence condition, not an automatic or universal requirement. Its imposition would depend on individual risk assessment and professional judgement.
Can a polygraph result be used to recall an offender to prison?
In the existing Probation Service policy framework, the result of a polygraph examination alone cannot be used as the basis for recall. However, disclosures made during the examination, or risk-related information arising from the process, may inform further investigation, safeguarding action, or recall decisions where appropriate.
What professional standards govern polygraph examinations?
Professionally conducted polygraph examinations should follow recognised standards, including APA (American Polygraph Association) standards of practice, and should be carried out by trained, qualified examiners. In the statutory context, examinations are conducted under the Probation Service's policy framework.
How does this affect solicitors and barristers?
Legal practitioners representing clients who may be subject to polygraph licence conditions should understand the procedural framework, the scope of the examination, the limitations of the results, and the rights of the examinee. Professional guidance is available from the Centre for Forensic Neuroscience.
Important Disclaimer
This article is provided for general educational and professional information only. It does not constitute legal advice. Polygraph examinations are not proof of guilt or innocence. They are an additional risk-management tool and do not replace professional judgement, intelligence assessment, probation supervision, safeguarding, or other risk-assessment processes. References to the King's Speech 2026 briefing notes and the proposed National Security Bill are based on publicly available Government materials at the time of writing (May 2026) and should be verified independently. Legislative proposals may change during the parliamentary process. No solicitor-client relationship is created by this publication.
Dr Keith Ashcroft is an Investigative Psychologist and Polygraph Examiner at the Centre for Forensic Neuroscience. For professional enquiries concerning polygraph examinations, offender risk management, or legally instructed polygraph services, contact Dr Keith Ashcroft at the Centre for Forensic Neuroscience.