Many people believe that saying ‘no comment’ in a police interview is always the safest option. This view is often based on advice shared informally or portrayed in the media. While going ‘no comment’ can sometimes be the correct and strategic approach, it is not a one size fits all solution. The decision should always be based on the specific circumstances of the case and taken only after receiving proper legal advice.
What Does Going ‘No Comment’ Mean?
When you go ‘no comment’, you exercise your right to remain silent in response to police questions. Apart from confirming your name, address, and date of birth, you decline to answer substantive questions about the allegation. This is a lawful and recognised option during an interview under caution, and no one can force you to answer questions.
However, remaining silent is not without potential consequences. In certain circumstances, a court may draw what is known as an adverse inference if you later rely on a defence that you did not mention when questioned. In simple terms, if you stay silent in interview but later present an explanation at court, the court may question why that account was not given earlier. This is a complex area of law and one that must be carefully considered before deciding how to proceed. An adverse inference is not automatic, and a person cannot be convicted on silence alone, but it can damage your position if you later rely on an explanation you could reasonably have mentioned in interview.
When Might ‘No Comment’ be Appropriate?
A ‘no comment’ interview may be appropriate where the police have disclosed little or no evidence before the interview, leaving you unclear about the strength of the case against you. It may also be advisable where further enquiries are ongoing and the full picture is not yet known.
In some situations, answering questions could inadvertently strengthen the prosecution case. People often feel pressure to fill silences or to speculate, which can lead to inconsistencies or admissions that were not intended. A ‘no comment’ approach can prevent matters from becoming more complicated.
It may also be recommended where you are vulnerable, distressed, fatigued, or not in a position to give a clear and consistent account. The priority in such cases is to avoid causing unnecessary harm to your own position.
In some cases, your solicitor may advise providing a prepared written statement setting out your account, followed by ‘no comment’ to further questions. This allows your position to be placed on record while reducing the risk of being drawn into detailed or repetitive questioning.
When Might Answering Questions be Better?
There are situations where answering questions is in your best interests. If there is a clear and straightforward explanation that can be supported by independent evidence, providing that account at the earliest opportunity may help prevent misunderstandings. It may also reduce the risk of adverse inferences later if the case proceeds to court.
For example, if you have a genuine alibi that can be verified, or if there is an innocent explanation for suspicious circumstances, setting that out clearly may assist the investigation and, in some cases, prevent a charge altogether.
Every case turns on its own facts. What may be sensible in one investigation could be harmful in another. There is no universal rule.
Why Legal Advice Matters
The decision whether to go ‘no comment’ should never be made without speaking to a solicitor. Before the interview, your legal representative will be given pre-interview disclosure from the police, although this is often limited in scope. They will review that material, consider the strength of the case, and advise you on the risks and benefits of each approach.
This advice is tailored to your circumstances and can have a significant impact on the direction of the investigation. A police interview is not an informal conversation. It is a formal evidential process that is recorded and can later be played in court. What you say, or choose not to say, can shape the entire case.
Careful preparation and proper legal guidance are essential to protecting your position and ensuring that any decision made during interview is a strategic one rather than an emotional reaction.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.