We have all heard the phrase “no comment” and seen plenty of TV dramas containing police interviews where a person in custody is responding “no comment” to officers questions. But what does it actually mean?
Anyone who is interviewed at the police station has a right to silence, which means that they do not have to answer the officers’ questions. They can make “no comment”.
Through TV and negative press on social media, “no comment” is portrayed as a taboo. Only the guilty say “no comment,” right?
Wrong!
“No comment” in simple terms means you neither confirm nor deny an allegation that is being put to you. There is a common misconception that if you say “no comment” then you must be guilty. This is not true, opting to say “no comment” during an interview is not an admission of guilt.
There can be many instances where your legal representative advises you to say “no comment”.
Sometimes, there may be a tactical reason for not providing an account in interview; for example, if you are to be interviewed and the officer has limited evidence, it may be that you answer “no comment”. This assists with avoiding potential self incrimination.
If the officer gathers further evidence following the interview, they may request a second interview. If that is the case, you may at that stage decide to put forward an account. Alternatively, it may still be advantageous to maintain “no comment” in a further interview.
Another scenario is that you simply do not wish to engage with the police and regardless of whether you are raising a defence you may choose to say “no comment.”
These are just some of the reasons why you may be advised to say “no comment”. The list is endless.
When advising you on whether to put forward a “no comment” interview we will discuss with you something called an adverse inference.
So, what does an adverse inference actually mean?
Well, in simple terms, it means that if you are charged with an offence and the matter proceeds to Court, a Court or jury could draw a negative conclusion if you exercise your right to silence or say “no comment” in your interview and you didn’t forward an account or explanation.
If you are not raising a defence or more simply, you admit to an offence, your legal representative may advise that it is appropriate for you to answer “no comment” during the interview. There are so many different scenarios when it may be best to answer “no comment” in your interview and not provide an account or give the police any further information than they already have.
In theory there is no right or wrong time to exercise your right to silence although it can be of assistance to put your denial or account forward at the earliest opportunity.
At Paul Robinson Solicitors, we are vastly experienced in all aspects of police station advice and will provide expert advice without the unnecessary legal jargon on all types of offences.
We understand whether this is your first experience at the police station or not, that interviews are stressful. We will provide you with expert legal advice and assistance and advise you on what we believe is the most appropriate course of action during your interview.
We will guide you through the entire process, taking into account your instructions and advise you accordingly. All advice and representation at the police station is independent and free.
We are available to attend both voluntary interviews and those under arrest 24 hours a day at the police station. Our 24 hour telephone line is 01702 342525. Alternatively during office hours you can call us on 01702 338338 for expert legal advice.
Should you require advice or assistance in relation to the above, please contact our Crime department below.
