What is a no comment interview?
A no comment interview is where you choose to respond to all — or most — police questions with the phrase ‘no comment.’ This is not an admission of guilt, nor does it suggest you have something to hide. It is a lawful exercise of your right to silence.
Is it legal to say no comment?
Yes, absolutely. The caution itself confirms you do not have to say anything. No comment is a well-established and frequently used strategy in criminal defence, particularly in the early stages of an investigation when the full picture is not yet clear.
When is a no comment interview advisable?
- When you have not had sufficient time to review the evidence
- When the allegation is serious or complex
- When your solicitor advises there is a risk of self-incrimination
- When the police have not made adequate disclosure before the interview
- When there is an ongoing investigation and speaking could prejudice your position
Will it harm my case in court?
In some cases a court may be invited to draw an adverse inference — but only in specific circumstances, and only if your solicitor did not advise you to stay silent. Where we advise a no comment interview, we ensure the record clearly reflects that advice, protecting you from any adverse inference at trial.
Frequently asked questions
No. A no-comment interview is not an admission of guilt. You are exercising a legal right. However, in some circumstances courts may draw adverse inferences from a failure to mention facts later relied on. Your solicitor will advise on whether this risk applies and how to manage it, including through a prepared statement.
The police cannot penalise you for exercising your legal rights. Interviewers are trained to continue asking questions regardless. Your solicitor will be present throughout to ensure the interview is conducted fairly and to intervene where necessary.
A prepared statement puts your account on record without the risk of verbal cross-examination. It is often preferable to a bare no-comment interview where there are straightforward facts you want to establish — such as your whereabouts at a relevant time. We advise on which approach is right for your case.