Should I say “no comment” in a police interview?

Have you been invited to a voluntary police interview under caution? Or did you already attend, give a “no comment” interview and wonder if it was the best thing to do?

In this article, we’ll discuss what the ins and outs of “no comment” interviews, including what the benefits are of saying “no comment”, why a solicitor might advise you to say “no comment”, what the alternatives are, and more.

 

What does a “no comment” interview mean?

A “no comment” interview means you respond with “no comment” to every single comment or question posed to you in a police interview (voluntary or under arrest).

In the UK, responding with “no comment” is your legal right. You have the right to silence in police interviews (under Common Law and Section 34 of the Criminal Justice and Public Order Act, 1994). You can either remain completely silent or say “no comment”, or similar.

If you choose to exercise your right to silence, you don’t need to do it for the whole interview. You can choose to say “no comment” to some questions and not to others.

Whilst you have the right to silence, the police do caution you that:

“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say can be given in evidence.”

So, choosing to say “no comment” should be a well-thought out decision as you may struggle to introduce new information later on if your case reaches court.

 

 

Will a “no comment” interview make you look guilty?

You might worry that responding “no comment” in a police interview will make you look guilty. It isn’t so black and white though.

Answering “no comment” can be a tactical move to avoid strengthening the police’s case against you, to prevent you giving false or inconsistent responses when you don’t understand the questions or implications, and to prevent you from giving responses you’ll regret out of anger or upset. It is your legal right to say “no comment” if you desire. It can actually make you look less guilty when you weigh up all the evidence against you.

That said, Section 34 of the Criminal Justice and Public Order Act (1994) states that courts are allowed to draw an “adverse inference” from your decision to remain silent. They are allowed to question why you didn’t respond in an interview, if you decide to present your answers later on in court.

Whether or not it makes you look guilty depends on the case, your reasons for remaining silent, whether you answered “no comment” to everything, and more.

 

What are the benefits of saying “no comment”?

There are many benefits to saying “no comment” in a police interview, including:

 

Prevents you from self-incriminating

Your responses may actually confirm your guilt, or at least make you appear guilty, even if you are not. You may give responses that don’t incriminate you for the crime being investigated, but for a lesser offence, or even a different crime entirely. Saying “no comment” takes this risk out of the equation.

 

Prevents the police obtaining more evidence

Even if you don’t directly incriminate yourself, you may give the police more lines of enquiry for their investigation, which could help fill in the gaps they need to charge you.

 

Prevents story inconsistencies

You may accidentally contradict yourself in your responses, making it difficult for investigators to trust your answers. You may give differing versions of events, timelines, or witnesses, which all casts doubt on how honest you are being. Saying “no comment” prevents this.

 

Allows more time to prepare your defence

If you respond “no comment”, the police may have to work harder to build the case against you, allowing you and your legal team more time to strengthen your defence.

 

Why would a solicitor advise you to say “no comment”?

A solicitor will carefully consider your particular circumstances before deciding whether or not to advise you to respond “no comment”. They will consider factors such as:

 

The strength of the evidence against you

If there is weak evidence, your solicitor may advise you to respond “no comment” to avoid self-incrimination.

 

The nature of the offence

For the most serious of offences, such as murder, sexual assault, and fraud, your solicitor may advise that answering “no comment” is the best option. This way you avoid making any statements that might indicate intent or anything else incriminating.

 

Your mental state

If your solicitor believes that:

• You have difficulty understanding the questions,
• You may not fully grasp the implications of your answers,
• You are in a highly emotional state,

They may be concerned that you could provide responses you later regret, which could harm your defense.

 

In what situations should you give answers to the police?

In some situations, it is important for your defence to answer the police’s questions. These situations include:

 

When you have a clear, provable alibi

If you know you are innocent, you need to provide the police with as much evidence to show why you are. If you have a verifiable, trustworthy alibi, you need to offer it up during your interview. This could be identifying CCTV cameras they can analyse or witnesses at the scene of the alleged offence.

 

When there’s a risk of adverse inferences

As we mentioned, the court is allowed to be dubious about responses given in court if you didn’t use your police interview to raise them. To prevent assumptions being made, it may be in your interest to give responses that work with your defence case.

 

To demonstrate your cooperation

As part of your defence, you may rely on your good character and your cooperation with the investigation. This may help you in your bid to have the case dropped before charges, or to secure a not guilty verdict or a more lenient penalty if the case goes to trial.

 

 

What are the alternatives to just saying “no comment”?

There are a variety of ways to navigate an interview without saying “no comment”, or without solely saying “no comment”, including:

• Comment – provide responses to questions/comments.
• Partial comment/partial no comment – a mixture of responding and not responding.
• Total silence – remaining totally silent.
• Prepared statement during interview – your solicitor drafts a prepared statement outlining your version of events. This may be presented during the interview and you can then say “no comment”.
• Prepared statement after interview – your solicitor drafts a prepared statement addressing questions you didn’t answer or clarifying issues raised in the interview.

Answering “no comment” in addition to using a prepared statement is a useful strategy in some situations as it prevents “adverse inference” being drawn.

 

I’ve already given a “no comment” interview and I’m worried – what can I do?

You may not have anything to worry about after giving a “no comment” interview – it is totally justified and necessary in many situations.

If you feel regret at not offering up information you feel would have been useful for your defence, there is still scope to let the police know, including:

• Instructing your solicitor to submit a prepared statement to the police.
• Requesting a second interview to correct/clarify your previous responses.
• Instructing your solicitor to request to initiate pre-charge engagement to put forward evidence as to why you should not be charged.
• Addressing it in court (if your case gets that far).

If you have previously given a “no comment” interview under the guidance of a solicitor, perhaps one provided on legal aid, and you’re not happy – Holborn Adams is here to help. Our private firm specialises in pre-charge engagement, a process which can be used to have your case dropped before you’re ever charged. Speak to us today to find out more.

 

Why should I speak to a solicitor before attending a police interview?

It is critical that you speak with a solicitor prior to your police interview (and have them present during the interview) to protect your best interests. It could be the deciding factor between your freedom and being charged.

A good solicitor will have years of experience dealing with hundreds of police interviews. They understand the ins and outs of the process, and the best approach to take for different circumstances. They can help tailor an interview strategy that suits your specific situation.

If you try to attend alone without legal consultation, you could be digging yourself a deep hole that is hard to get out of if the case progresses further. You may give responses that self-incriminate and you leave yourself open to leading questions, which a solicitor could shut down early.

Speaking with a solicitor can also be emotionally reassuring. Solicitors are bound by legal confidentiality, so they cannot share what you tell them. It can be freeing to discuss your case openly with them.

Speaking to a solicitor is a proactive step to safeguard your rights – here at Holborn Adams, our pre-charge solicitors are ready to help you achieve the best possible outcome for your case. Call us today – the sooner, the better.

---