Staying quiet in a police interview - or going “no comment” as it is often referred to - can be frightening and a very difficult thing to do when you are under pressure.
You're sat in a police station, tired, and in a stressful state having been told very little by the police about the allegation that is made against you.
The police might say to you at the beginning of your police interview things like:
“This is your interview”
“This is your opportunity to tell us your account”
“If you haven’t done this then tell us”.
But what if the best thing for you to do at that moment is to say nothing?
The Benefits Of Staying Silent In A Police Interview
You can be cross-examined later in court (should your matter proceed to trial) on what you said or did not say in your police interview.
If you then seek to rely on a fact that you could have reasonably been expected to have mentioned in your police interview, adverse inferences can be drawn.
That is to say, conclusions could be drawn that might not assist your defence, but you can be protected against that risk with the right legal advice.
Reasons For A 'No Comment' Police Interview
There are often very good reasons why you might be advised by your legal representative to give a “no comment” interview.
Maybe the police refused to disclose sufficient details about the allegation to your legal advisor which meant they could not properly advise you to give your account during the interview.
Maybe your legal advisor is concerned that you are not fit to be interviewed and that you would not stand up well to questioning in that moment. Perhaps they feel they would be better able to convey your defence at a later date, outside of the pressure of being in a police station environment.
If you have been contacted by the police in relation to attending a voluntary interview or have been interviewed already and would like further advice on the options available to you, please contact our expert team of lawyers.