Should I Say No-Comment in a Police Interview?

Whether you should say "no comment" in a police interview depends on the circumstances of your case. You have the right to remain silent, but saying "no comment" can have legal consequences, so seek legal advice before deciding how to respond.

A solicitor can consider the allegation, the evidence disclosed by the police and your account before advising whether you should answer questions, provide a prepared statement or give a no-comment interview.

What Does "No Comment" Mean in a Police Interview?

A "no comment" interview is where you choose not to answer the police questions about the allegation. You still have the right to remain silent, but the police can continue asking relevant questions and give you the opportunity to respond.

Saying "no comment" does not mean:

• The police must stop the interview.
• You have admitted the offence.
• You have been charged.
• The investigation has ended.
• You will automatically be prosecuted.

The police can continue putting relevant questions to you even when you do not answer them.

Do I Have the Right to Say No Comment?

Yes. You have a right to remain silent when questioned under caution, but that right is subject to important legal considerations. You should understand the possible consequences before deciding not to answer questions.

The standard police caution states that you do not have to say anything but warns that it may harm your defence if you fail to mention something when questioned that you later rely on in court.

This means that "no comment" should not be treated as a simple yes-or-no decision.

Can Saying No Comment Harm My Defence?

Yes, in certain circumstances. A court may be permitted to draw an adverse inference from your silence if you later rely on a fact in your defence that you could reasonably have been expected to mention when questioned.

However, silence alone does not automatically prove that you are guilty.

Whether an adverse inference can properly be drawn depends on the circumstances and the applicable legal requirements.

This is one of the main reasons why you should obtain legal advice before deciding to give a no-comment interview.

Why Does the Police Caution Mention Silence?

The police caution explains that you do not have to answer questions but warns that your defence could be affected if you later rely on something that you did not mention when questioned. Anything you do say may also be used as evidence.

The caution is designed to make sure you understand the potential consequences of remaining silent.

If you are unsure what the caution means, ask your solicitor to explain it before the interview begins.

Is It Better to Answer Questions or Say No Comment?

There is no single answer that is right for every police interview. Whether you should answer questions, provide a prepared statement or say "no comment" depends on the facts, evidence and circumstances of your case.

Your solicitor may consider:

• The allegation being investigated.
• The evidence disclosed by the police.
• Your account of what happened.
• Whether there is a potential defence.
• Whether there are facts that you need to put forward.
• Whether your explanation is supported by other evidence.
• The possible consequences of remaining silent.

A decision should be made after taking proper legal advice rather than simply assuming that saying "no comment" is the safest option.

Should I Speak to a Solicitor Before Saying No Comment?

Yes. You should speak to a solicitor before deciding how to respond to a police interview. A solicitor can review the information available and advise you about the potential advantages and risks of answering questions or remaining silent.

Your solicitor can:

• Explain the allegation.
• Discuss the evidence disclosed by the police.
• Take your account of events.
• Identify potential defences.
• Explain the police caution.
• Advise you about the possible consequences of silence.
• Discuss whether a prepared statement may be appropriate.
• Attend the interview with you.

Legal advice at the police station is available free of charge in many circumstances.

Can I Give a Prepared Statement Instead of Saying No Comment?

Yes. In appropriate circumstances, your solicitor may advise you to provide a prepared statement rather than answer individual questions or give a completely no-comment interview.

A prepared statement can allow you to put forward your account of important events while limiting the way you respond to subsequent questions.

However, whether this approach is appropriate depends entirely on the circumstances of the case.

Your solicitor should explain the potential benefits and risks before you decide how to proceed.

Can I Answer Some Police Questions and Say No Comment to Others?

You may choose how you respond to questions, but selectively answering questions can have legal consequences and should be considered carefully with your solicitor.

For example, you may answer questions about one issue but decline to answer questions about another.

However, the significance of your answers and omissions will depend on the circumstances.

Do not assume that answering some questions and saying "no comment" to others is automatically safer than either answering fully or remaining silent.

Can the Police Keep Asking Questions If I Say No Comment?

Yes. The police can continue to put relevant questions to you even if you respond, "no comment". You should be allowed to respond to relevant information put to you during the interview.

The College of Policing guidance specifically states that investigators have a responsibility to put questions to a suspect who exercises the right to silence.

The interview may therefore continue even if you do not answer the questions.

Does Saying No Comment Mean I Am Guilty?

No. Saying "no comment" does not mean that you are guilty. You have a legal right to remain silent, although there can be circumstances where your silence may have consequences for your defence.

The prosecution must still establish the case against you in accordance with the law.

However, if you later rely on an explanation that you could reasonably have been expected to mention when questioned, the court may consider whether an adverse inference should be drawn.

Can the Police Use My Silence Against Me?

In certain circumstances, yes. The law allows a court or jury to draw an adverse inference from silence where the relevant legal conditions are satisfied.

For example, section 34 of the Criminal Justice and Public Order Act 1994 can apply where a suspect fails to mention a fact when questioned that they later rely on in their defence.

There are also specific provisions concerning a person's failure or refusal to account for certain objects, substances, marks or their presence at a particular place. These circumstances have their own legal requirements.

This is why the decision to remain silent should be considered with a solicitor who understands the facts of your case.

Can the Police Force Me to Answer Questions?

No, the police cannot simply force you to provide answers to questions during an ordinary suspect interview. You have the right to remain silent, subject to the legal consequences that can arise from exercising that right.

The police must also conduct interviews fairly. PACE Code C states that an interviewer must not use oppression to obtain answers or a statement.

If you feel pressured or do not understand a question, tell your solicitor.

What If I Have Not Been Arrested?

If you are attending a voluntary police interview, you should still obtain legal advice before deciding whether to answer questions or say "no comment". A voluntary interview can still form part of a criminal investigation.

You should not assume that because you are attending voluntarily, the interview is informal or has no consequences.

Your solicitor can advise you about:

• Why the police want to interview you.
• Whether you need to attend.
• What information has been disclosed.
• Whether you should answer questions.
• Whether a prepared statement may be appropriate.
• Whether you should have a solicitor present.

Can I Get a Free Solicitor for a No-Comment Interview?

Yes. If you are entitled to legal advice at the police station, you can request a solicitor before your interview. In many circumstances, legal advice is available free of charge, including through the duty solicitor scheme.

You can ask for:

• The duty solicitor; or
• A solicitor of your choice, subject to the applicable arrangements.

If you want criminal defence advice from Moeen & Co. Solicitors, contact us on 0203 959 7755.

What Should I Do If the Police Ask Me to Attend an Interview?

If the police ask you to attend an interview, get legal advice before deciding what to say. Do not assume that saying "no comment" is automatically the safest option.

Before the interview:

• Ask for a solicitor.
• Find out what offence is being investigated.
• Tell your solicitor your full account.
• Explain any evidence that may support you.
• Ask what information the police have disclosed.
• Discuss whether you should answer questions.
• Ask whether a prepared statement may be appropriate.
• Follow your solicitor's advice about the interview.

What If I Already Gave a No-Comment Interview?

If you have already given a no-comment interview, you should speak to a criminal defence solicitor about what happened and what you should do next. Your solicitor can consider the interview alongside the available evidence and advise you about the investigation.

Depending on the circumstances, there may be further opportunities to provide information or address matters raised during the investigation.

Do not assume that a no-comment interview means your case will automatically be dropped or that it cannot be addressed later.

Can Moeen & Co. Solicitors Advise Me About a No-Comment Interview?

Yes. Moeen & Co. Solicitors can provide criminal defence advice to people who have been arrested or asked to attend a police interview in London.

Our criminal defence solicitors can assist with:

• Police station advice.
• Police interviews.
• No-comment interviews.
• Voluntary interviews.
• Prepared statements.
• Advice on the police caution.
• Criminal investigations.
• Police bail.
• Magistrates' Court proceedings.
• Crown Court proceedings.

The decision to answer questions or remain silent can be significant. Getting legal advice before your interview can help you understand your position and make an informed decision.

Need Advice Before a Police Interview?

If you have been arrested or asked to attend a police interview, contact Moeen & Co. Solicitors on 0203 959 7755 for criminal defence advice and police-station representation.