The Polygraph in the English Courts

Abstract

This paper considers the possibility of polygraph evidence being utilised in criminal trials. There is evidence that a properly conducted polygraph is between 70 and 90 per cent accurate. Evidence from the field of human psychology is that, in the absence of corroborating information, human beings do little better than chance in determining truth from lies. I argue that it is illogical to ignore the possibility of using the more reliable form of evidence in favour of the less reliable, and that there is little English case law to prevent the use of polygraph evidence, but that there is relevant case law from other jurisdictions which could support its use. With the introduction of the polygraph as a license condition under the Offender Management Act 2007, the English judicial system sees the first, very limited use of this technique, could this be the start of a creeping development?