If you are arrested or asked to attend a voluntary police interview, you have the legal right to remain silent. One option available during questioning is to answer “No comment” in response to some or all questions. While this right is well known, deciding whether to use it should never be taken lightly. The decision can have important legal consequences and should always be made after receiving advice from a criminal defence solicitor.

What Is a ‘No Comment’ Interview?

A “No comment” interview occurs when a suspect exercises their right to remain silent during police questioning instead of answering questions about the alleged offence.

Police interviews are conducted under caution, meaning the suspect is informed that they do not have to say anything. However, they are also warned that failing to mention something later relied upon in court may have legal consequences.

Why Would Someone Answer ‘No Comment’?

There are several reasons why a solicitor may advise a client to answer “No comment,” including:

• The police have not disclosed enough evidence.
• Further investigation is required before providing an account.
• The suspect is vulnerable, distressed, or unwell.
• There is a risk of unintentionally giving inaccurate information.
• Answering questions could unintentionally strengthen the prosecution’s case.

Every situation is different, and legal advice is essential.

Can Silence Be Used Against You?

While everyone has the right to remain silent, the court may sometimes draw an adverse inference if a suspect later relies on facts that could reasonably have been mentioned during the police interview.

This does not mean remaining silent automatically results in a conviction. Instead, the court will consider all the circumstances alongside the available evidence.

Should You Always Say ‘No Comment’?

No. In some cases, providing a clear and truthful explanation during the interview may help resolve the investigation or strengthen your defence.

In other situations, remaining silent may be the safest legal option. The correct approach depends on:

• The evidence disclosed by police.
• The nature of the allegation.
• The suspect’s personal circumstances.
• Advice provided by a defence solicitor.

There is no universal answer.

Your Right to Legal Advice

Anyone attending a police interview has the right to free independent legal advice. A solicitor can review the available evidence, explain your rights, attend the interview with you, and advise whether answering questions or remaining silent is in your best interests.

Obtaining legal advice before and during questioning is one of the most important protections available under the criminal justice system.

Final Thoughts

A “No comment” interview is a lawful option during police questioning, but it should never be viewed as a standard response in every case. Whether to answer questions or remain silent depends entirely on the circumstances and the evidence available. If you are invited to attend a police interview or have been arrested, seeking immediate legal advice can help protect your rights and ensure you make informed decisions throughout the investigation.