A police interview can be a daunting experience, faced with uncertainty and potential legal consequences. One strategy that’s often discussed is the ‘no comment’ interview – an approach where you respond to all police questions with the phrase “no comment”. This tactic, while seemingly straightforward, carries significant implications for your case and future legal proceedings. Below, we’ll take a look into some of the complexities of the ‘no comment’ interview and whether this approach may be right for your situation, albeit expert advice should always be sought and this can only ever be a guide.
What does it mean to provide a ‘no comment’ interview at the police station?
When you take part in a voluntary police interview, or have been arrested, you have the right to remain silent. This means you don’t have to answer any questions asked by the police. Instead of answering, you can simply say “no comment” to each question. This is known as providing a ‘no comment’ interview. Or you can just remain silent.
The right to silence in law
Remaining silent during or after being questioned by the police is a right that is protected under English law and can be considered part of Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial. The police will inform you of this right either upon arrest and at the beginning of the formal police interview, with a caution that states:
“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 may be given in evidence.”
However, as can be seen, while you do have the right to stay silent, it may not always be in your best interest to do so. This means that if you’re charged and your case goes to trial, the court might interpret your silence as an indication that you had something to hide. Given this, there are important considerations you should weigh up with your solicitor before using this approach.
Will a no-comment interview make you look guilty?
One of the main concerns people have about giving a no-comment interview is whether it will make them look guilty. In some circumstances it may be a valid concern, but the answer isn’t straightforward.
In some cases, remaining silent may be seen as suspicious. If you’re innocent and have a good explanation for your actions, it might seem odd to the police or a jury that you chose not to share this information when given the opportunity.
However, you should remember that the prosecution must prove beyond reasonable doubt or so the court is sure that you’re guilty; you don’t have to prove your innocence. A no-comment interview doesn’t automatically make you look guilty, especially if you’ve been advised by a solicitor to remain silent. There are very good reasons sometimes why it is the best course of action even if you do deny the offence and are innocent.
What are the benefits of giving a no comment at a police interview?
Despite the potential for negative inferences, there are, however, several benefits to providing a no-comment interview. These include:
- Protection against self-incrimination: By not answering questions, you avoid the risk of saying something that could be used against you later.
- Time to prepare a defence: If you’re charged, a no-comment interview gives your legal team more time to prepare your defence without the police knowing your side of the story.
- Avoiding inconsistencies: Sometimes, stress or confusion during an interview can lead to inconsistent statements. A no-comment interview will eliminate this risk.
- Preventing disclosure of defence: In some cases, it may be strategic to keep your defence hidden until trial or nearer it.
- Protection when facts are unclear: If you’re unsure about certain details, saying no comment prevents you from accidentally providing incorrect information or guessing answers.
Under what circumstances should you give answers to police questions?
Likewise, while a no-comment interview can be beneficial in many situations, there are times when it might be in your best interest to answer police questions:
- When you have a clear and provable alibi: If you can easily prove you were somewhere else when the alleged offence occurred, it might be beneficial to share this information.
- When immediate action could prevent charges: Providing information quickly could clear up misunderstandings and prevent charges from being filed.
- When silence could lead to stronger adverse inferences: If the evidence against you is already strong, remaining silent might strengthen the case against you more than answering questions would.
- When cooperating could lead to a more favourable or lenient outcome: In minor cases, cooperating with the police might lead to a caution or no further action being taken.
How do lawyers decide whether defendants should say no comment or not?
At Lawtons, our experienced solicitors carefully weigh multiple factors when advising clients on whether to give a no-comment interview. We assess the strength of evidence against you, and what we know of it, considering that weak evidence might warrant silence to avoid inadvertently strengthening the case.
The nature and severity of the offence also play a role in our decision, with more serious charges often leading to more cautious advice. Our team evaluates your account as a consistent and credible story that might benefit from being shared. The extent of evidence disclosed by the police influences our decision, as does your ability to handle questioning.
Finally, we consider the potential for adverse inferences to be drawn from silence, balancing this risk against the potential pitfalls of answering questions. This nuanced approach means that we provide the most appropriate advice for your specific situation.
Why should you speak to a criminal defence solicitor before attending a police interview?
Consulting a criminal defence solicitor, like us at Lawtons, before a police interview can significantly impact your case’s outcome. Our experienced solicitors provide expert advice tailored to your specific circumstances, helping you decide whether to answer questions or give a no comment interview. We explain your rights and ensure they’re respected throughout the process.
During the interview, a member of our team can be present to offer support and intervene if necessary. We not only provide emotional reassurance, but we also help protect your interests and consider all aspects of your situation.
By contacting Lawtons before a police interview, you’re taking a proactive step in safeguarding your rights and working towards the best possible resolution for your case.
If you’ve been called in for a police interview, don’t face it alone. At Lawtons, our experienced criminal defence solicitors can provide the expert guidance you need to navigate this challenging situation. Contact us today to ensure your rights are protected and your interests are represented from the very start of the legal process.