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Limited Pro Bono Review • Appeal Cases

Polygraph Examinations in Wrongful Conviction and Appeal Cases

The Centre for Forensic Neuroscience may consider a limited number of legally significant wrongful-conviction and appeal matters for pro bono polygraph examination. Every request is independently reviewed to determine whether the disputed issue is suitable for a properly formulated examination and whether the work could provide meaningful investigative or case-review information.

Request a Confidential Case Review Read the Eligibility Criteria
The Royal Courts of Justice, representing appeal proceedings in serious UK legal matters

Important Legal Limitation

A privately instructed polygraph result does not itself establish a ground of appeal and should not be regarded as a substitute for admissible evidence, legal submissions or advice from a qualified legal representative. Any potential investigative or case-review value will depend on the facts, procedural stage and intended use of the examination.

This page is general information only and is not legal advice. The legal representative must determine whether and how any result, report or examination information may be used, including any investigative, disclosure, case-review or decision-support value. The Centre does not provide legal advice and does not represent polygraph findings as proof of innocence, guilt or appeal merit. Relevant service terms are set out in the terms of business.

When an Examination May Be Considered

Consideration may be appropriate only where the legal context and disputed issue can support a carefully formulated, voluntary and professionally defensible polygraph examination.

  • Leave to appeal has been granted.
  • There is a serious and clearly defined disputed factual issue.
  • The proposition concerns the examinee’s own past conduct.
  • The matter can be reduced to precise, behaviourally defined questions.
  • The examination has an identifiable investigative or case-review purpose.
  • Sufficient case material is available for preliminary review.
  • Participation is voluntary.
  • The proposed examinee is medically, psychologically and procedurally suitable.

The existence of an appeal does not automatically make a case suitable. Some appeal matters cannot be examined because the issue is too broad, concerns another person’s conduct, depends on legal argument rather than fact, or cannot be translated into a valid examination format. For broader service context, see the main polygraph examination page.

Eligibility for Pro Bono Consideration

Pro bono availability is extremely limited and discretionary. The following criteria guide preliminary review, but they do not create entitlement to an examination.

  • The person has been granted leave to appeal a conviction.
  • The matter concerns a serious criminal case.
  • There is an identifiable legal or professional representative wherever possible.
  • A clear factual proposition can be examined.
  • Relevant documents can be provided for confidential review.
  • The examinee gives informed and voluntary consent.
  • No coercion, threat, retaliation or improper pressure is present.
  • The examination is professionally and ethically defensible.
  • The applicant cannot reasonably fund the examination.
  • The Centre has sufficient pro bono capacity.

Meeting the eligibility criteria does not guarantee that a case will be accepted. Reduced-fee work may sometimes be considered separately, but this is also discretionary and cannot be promised in advance.

Cases That Will Not Ordinarily Qualify

The pro bono provision is reserved for legally significant appeal matters. Many enquiries are unsuitable even where the person making the request is sincere.

Private or informal disputes

Relationship or infidelity disputes, reassurance testing, general suspicion and curiosity-driven requests do not ordinarily qualify.

Non-appeal contexts

Employment screening, commercial disputes and requests outside the serious criminal appeal context are outside this pro bono provision.

Undefined issues

Cases without a defined factual proposition, or where the proposed issue is broad, speculative or incapable of behavioural formulation, are unlikely to proceed.

Improper pressure

Cases involving coercion, threats, retaliation, improper pressure or punitive motives will not be accepted.

Publicity-led requests

Requests made solely to generate publicity, or applications seeking a guaranteed favourable outcome, are incompatible with independent examination.

Suitability concerns

Cases may be declined where health, communication, safeguarding or procedural concerns make testing inappropriate, or where the proposed question concerns beliefs, intentions, opinions or broad knowledge rather than a defined past action. The pre-screening information explains common suitability issues.

Independent Examination and Objective Reporting

The Centre does not act as an advocate for either side. Accepting a case does not imply a belief in innocence, a view that the conviction is unsafe, or an expectation that the examination will produce an exculpatory result.

The same professional standards apply to paid and pro bono work. The examiner does not alter the procedure because a particular outcome is desired, and findings will be reported objectively, including an inconclusive or unfavourable result.

Pro bono status does not alter the examiner’s independence. The examination is conducted to assess a narrowly defined factual proposition, not to produce a predetermined result.

The examination must remain scientifically and ethically defensible. Where the issue, instructions, health information, consent position or intended use would undermine that defensibility, the Centre may decline the matter.

The Review and Examination Process

1

Initial confidential enquiry

A short preliminary enquiry identifies the referrer, procedural stage, disputed issue and intended purpose of the proposed examination.

2

Preliminary review of purpose and issue

The Centre considers whether the legal purpose is clear and whether the disputed issue could, in principle, be suitable for polygraph examination.

3

Document and suitability review

Relevant documents and suitability information may be requested through an appropriate confidential channel before any decision is made.

4

Agreement of questions and instructions

Precise examination questions and professional instructions are agreed only where the matter remains suitable, ethical and defensible.

5

Examination, analysis and reporting

Where accepted, the examination is conducted, analysed and reported objectively where appropriate. Feedback is provided within the agreed professional scope.

Submitting an enquiry does not create a professional engagement. The Centre may decline the matter after any preliminary review if the issue is unsuitable, the intended use is unclear, or the examination would not be professionally defensible.

A Defined and Testable Factual Issue

Questions a polygraph examination cannot properly test

  • “Are you innocent?”
  • “Was the trial unfair?”
  • “Did the witnesses lie?”
  • “Were you wrongly convicted?”

The issue must concern conduct

Questions must concern the examinee’s own clearly defined past conduct. A proper examination cannot resolve legal conclusions, broad narratives, witness credibility as a whole, or the fairness of the trial process.

Rather than asking whether a person was “wrongly convicted”, the examination would need to address a specific alleged action occurring within a defined event or period.

The Centre’s guidance on professional polygraph question formulation explains why clear behavioural wording, scope and understanding are central to defensible practice.

Confidentiality and Information Handling

  • Enquiries are handled confidentially, subject to applicable law, safeguarding duties and professional obligations.
  • Information is released only to authorised recipients.
  • Legal representatives should identify the intended recipient of any report.
  • Publicity is never a condition of receiving pro bono consideration.
  • No case study, testimonial or public disclosure will be used without separate and informed permission.
  • Sensitive documents should not be sent until requested through an appropriate channel.

Personal information should be handled consistently with the site’s privacy policy. Please keep the first enquiry concise and avoid sending complete case files or highly sensitive material until the Centre confirms what is required.

Referrals From Legal Representatives

Initial enquiries are welcomed from solicitors, barristers, advocates, recognised innocence organisations and appropriately qualified professional representatives.

Information to provide initially

  • The current procedural stage.
  • Confirmation that leave to appeal has been granted.
  • The disputed factual issue.
  • The intended purpose of the examination.
  • Relevant deadlines.
  • Whether the proposed examinee is volunteering.
  • The representative’s contact details.

Complete case files should not be uploaded or emailed at the first stage unless requested. A concise overview is usually sufficient for an initial view on whether further review may be appropriate.

Frequently Asked Questions

Is the polygraph examination automatically free?
No. Pro bono availability is extremely limited and discretionary. Each request is reviewed for legal significance, suitability, professional defensibility, capacity and financial need. Meeting the eligibility criteria does not guarantee that a case will be accepted.
Who can apply for pro bono consideration?
Initial enquiries are most appropriately made by solicitors, barristers, advocates, recognised innocence organisations or other qualified professional representatives. An individual may enquire directly, but legal representation is strongly preferred wherever possible.
Must leave to appeal already have been granted?
The pro bono provision described on this page is intended for serious cases where leave to appeal has been granted. Other post-conviction enquiries may be declined or considered separately only where there is a clear professional basis for doing so.
Can a polygraph result overturn a conviction?
No. A privately instructed polygraph result does not itself overturn a conviction or establish a ground of appeal. Any potential investigative or case-review value depends on the facts, procedural stage and intended use, and must be assessed by the legal representative.
Does acceptance mean the Centre believes the applicant is innocent?
No. Acceptance means only that the matter has been judged potentially suitable for a narrowly defined, professionally defensible examination. It does not imply advocacy, belief in innocence, concern that the conviction is unsafe, or any expectation of a favourable result.
What happens if the result is unfavourable or inconclusive?
Findings are reported objectively. The result may be favourable, unfavourable, inconclusive or unsuitable for reporting, depending on the data and the professional assessment. Pro bono status does not alter the reporting standard.
Can an individual apply without a solicitor?
An individual may make a preliminary enquiry, but the Centre will usually ask for details of the legal representative, advocate or recognised referral organisation. The intended legal or case-review purpose must be clear before any examination can be considered.
What documents will be required?
The Centre may request documents needed to understand the procedural stage, the disputed factual issue, the proposed examinee’s account, relevant case context and suitability information. Complete case files or highly sensitive documents should not be sent until requested through an appropriate channel.
Will the case be publicised?
No. Publicity is never a condition of receiving pro bono consideration. No case study, testimonial or public disclosure will be used without separate and informed permission from the appropriate authorised person.
How long does the initial review take?
Timing depends on capacity, the complexity of the issue, the volume of material requiring review and any relevant legal deadlines. The Centre will consider time-sensitive matters where possible, but no fixed response time is promised for pro bono enquiries.

This page refers to polygraph examinations in serious appeal matters. It is not a general public testing route and does not apply to curiosity, relationship, reassurance or informal-dispute enquiries.

Request a Confidential Case Review

If leave to appeal has been granted and the case involves a clearly defined factual issue, a legal representative or applicant may submit a preliminary confidential enquiry. Acceptance is discretionary and subject to professional, ethical and suitability review.

Submit a Preliminary Enquiry

Please do not send complete case files or highly sensitive documents until requested.