There is no universal rule that you should answer every police question or give a “no comment” interview. The safest approach depends on the allegation, the information disclosed by the police, the available evidence and the account you may later rely upon. Obtain legal advice before the interview begins.
What does a “no comment” interview mean?
It means declining to answer some or all substantive questions after the police caution has been given. Silence is not itself a confession. However, the caution warns that it may harm your defence if you fail to mention something when questioned that you later rely upon in court.
In certain circumstances, a court may be invited to draw an adverse inference from silence. That does not automatically establish guilt, but it can affect how a later explanation is assessed.
When might a solicitor advise “no comment”?
A solicitor may consider it appropriate where disclosure is inadequate, questioning is based on unclear assertions, a suspect is not fit to be interviewed, or answering immediately risks an inaccurate or misleading account. Sometimes a prepared statement followed by “no comment” answers may be considered. That approach also carries potential consequences and should not be adopted without advice.
When might answering questions help?
If there is a clear innocent explanation, identifying it promptly may help investigators pursue evidence that supports it. Relevant material could include messages, witnesses, location information, receipts or telephone data. But guessing, filling gaps or giving an unprepared account can cause lasting difficulties.
Can I speak to a solicitor before deciding?
Yes. Free and independent legal advice is available at a police station, including for a voluntary interview. A solicitor can obtain available disclosure, speak with you privately and advise whether to answer questions, provide a prepared statement or make no comment. Asking for legal advice does not make you look guilty.
What should I do before a police interview?
- Do not discuss the allegation casually with officers or other people.
- Do not delete messages or alter potential evidence.
- Tell your solicitor about any vulnerability, medication or difficulty understanding questions.
- Ask the police to contact Ghafar Khan before questioning begins.
Official guidance
See PACE Code C, including the caution and interview safeguards, and section 34 of the Criminal Justice and Public Order Act 1994.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales · #CALLGFA
This article provides general information only and is not legal advice for a particular case.