To Comment Or Not To Comment, That Is The Question

• Published date: 15 March 2021
• Subject Matter: Litigation, Mediation & Arbitration, Strategy, Court Procedure, Trials & Appeals & Compensation, Knowledge Management
• Law Firm: Birketts
• Author: Thomas Dunn

An interview with the police is a very daunting prospect; whether as part of voluntary process, or following arrest, an interview under caution is an integral part of an investigation so it is important it is approached correctly.

If you are due to attend the police station, or one of the many police investigation centres following an invitation, it is crucial that you act fast and instruct a legal representative to advise and guide you through the process, thus safeguarding your legal rights.

In a police interview, a suspect has a number of options as to how to respond:

1. provide a 'no comment' interview (exercise their right to silence)
2. answer some questions
3. answer all the questions; or
4. make a pre-prepared statement (in combination with answering questions or not).

When discussing a no comment interview, clients sometimes have faces full of dread and worry and ask questions such as:

• "will the police think I have something to hide if I say no comment?"
• "would it be seen as I'm being evasive by not answering their questions?"
• "does it make me look guilty if I give a no comment interview?"

The answer is NO, it is a...