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Criminal Defence | England & Wales

No comment interviews and prepared statements

Should you answer police questions, say ‘no comment’ or give a prepared statement? Understand the main risks and how a solicitor should assess the interview strategy.

KEY ANSWER

The position in brief

There is no interview approach that is safest for every suspect. The decision depends on the allegation, disclosure, your account, the available evidence and your ability to participate effectively. A prepared statement followed by no comment is not a device that automatically prevents adverse inferences. Obtain advice before choosing an approach.

Legal issues

Section 34 of the Criminal Justice and Public Order Act 1994 concerns defined circumstances where an accused person later relies on a fact that could reasonably have been mentioned when questioned under caution or when charged. The statutory conditions and safeguards matter: silence is not automatic proof of guilt. PACE Code C governs interview safeguards and access to legal advice, including voluntary interviews. The advice must distinguish what was actually disclosed from what is only suspected or assumed.

This guide concerns England and Wales. Read our voluntary police interview advice, police station representation service and guide to what happens after interview.

Evidence that matters

Give your solicitor the interview invitation, any disclosed allegation, relevant messages and an accurate account of what you remember. Identify uncertainty rather than fill gaps. Explain health, medication, communication or vulnerability issues that affect participation. A strategy based on an incomplete private account can fail when a new document or question appears.

Reasonable lines of enquiry

Consider three questions: is there a clear account that can safely be given; is disclosure sufficient to understand the allegation; and is there a particular fact whose omission could matter later? A prepared statement should contain your properly considered account, not generic denials or language you do not understand.

What happens next

Answering questions allows an account to be explored but can lead to mistakes if you guess or misunderstand. No comment avoids an improvised account but may carry evidential consequences. A prepared statement can record a defined position while leaving later questions unanswered; it may still omit facts later relied on. The approach must be reviewed if disclosure or instructions change during interview.

Immediate steps

Arrange legal advice before attendance and allow time for a private consultation. Do not memorise a downloaded statement or coordinate accounts with another suspect. Ask for clarification if you do not understand a question and tell your solicitor if you need a break or further advice.

What should you send us?

Send the police contact details, interview date, alleged offence, arrest or voluntary status, previous interview information and any urgent health or communication needs.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can review the disclosure, take instructions and advise on the available approaches. During interview, legal assistance can address unfair questioning, new allegations and the need for further consultation. Free independent legal advice is available for police station interviews; privately funded work outside that service should be agreed separately.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Should I say ‘no comment’ in a voluntary police interview?

There is no universally correct answer. A voluntary interview under caution is a formal evidential interview, and the appropriate approach depends on the allegation, the disclosure supplied, your instructions and the evidence. Saying ‘no comment’ does not itself prevent a charge; nor does attending voluntarily mean that adverse-inference rules can never apply. Obtain independent legal advice before deciding whether to answer questions, give a prepared statement or remain silent.

Can the police use my silence against me in court?

In defined circumstances, section 34 of the Criminal Justice and Public Order Act 1994 allows a court or jury to draw an inference where a defendant later relies on a fact that they could reasonably have been expected to mention when questioned under caution. Statutory conditions and PACE safeguards matter; silence is not automatic proof of guilt. Your solicitor should assess the potential consequences of the proposed interview strategy.

Does giving a prepared statement prevent an adverse inference?

Not automatically. A prepared statement can put relevant facts on record, but the wording, what was disclosed, the questions asked and the facts later relied on all matter. It is not a formula that removes every risk. A solicitor should prepare or review the statement against the actual allegation and reconsider the approach if important new information emerges during interview.

NEXT STEP

Prepare for a police interview

Tell us when and where the police interview is proposed, the suspected offence, whether attendance is voluntary and any questions about disclosure or a prepared statement. We can discuss suitable representation before the interview.

Prepare for a police interview