No Comment Interviews – When and Why They’re Used

Facing an interview where you are advised to say "no comment" can feel confusing and intimidating. In the UK, the phrase "no comment" carries specific legal weight and is often misunderstood. This post explains when no comment interviews occur, why they are used, and what you should know if you find yourself in one.

What Is a No Comment Interview?

A no comment interview happens when a person under investigation chooses not to answer questions posed by the police or other authorities. Instead of providing information, the individual simply says "no comment" to all or some questions. This right to remain silent is protected under UK law, specifically the Police and Criminal Evidence Act 1984 (PACE).

The purpose of a no comment interview is to protect the interviewee’s legal rights. It prevents self-incrimination and ensures that any statements made are voluntary and not coerced.

When Are No Comment Interviews Used?

No comment interviews are most common during police investigations. They typically occur:

• During criminal investigations when a suspect is questioned about alleged offences.

• When a person is arrested or detained and taken to a police station for questioning.

• In disciplinary or regulatory investigations where the individual may face sanctions or penalties.

• When legal advice has not yet been obtained, and the person wants to avoid making statements that could harm their case.

  
  

For example, if someone is arrested on suspicion of theft, the police will interview them to gather information. The suspect may choose to answer questions or say no comment to protect their rights until they have legal representation.

Why Do People Choose to Say No Comment?

There are several reasons why someone might decide to give no comment answers:

• Protecting legal rights: Anything said during an interview can be used as evidence. Saying no comment avoids accidental self-incrimination.

• Lack of legal advice: Without a lawyer present, a person may not understand the full implications of their answers.

• Fear of misunderstanding: People may worry that their words will be taken out of context or misinterpreted.

• Avoiding pressure: Police interviews can be stressful, and some prefer to remain silent rather than risk making mistakes.

• Strategic reasons: Sometimes, silence is part of a legal strategy advised by a solicitor.

  
  

It is important to note that while the right to remain silent exists, the court or jury may draw adverse inferences from a no comment interview. This means silence can sometimes be seen as suspicious, but it does not automatically imply guilt.

Legal Protections Around No Comment Interviews

UK law provides safeguards to ensure interviews are fair and that suspects understand their rights:

• Right to legal advice: Before and during the interview, suspects can consult a solicitor.

• Cautioning: Police must caution the person before questioning, informing them of their right to remain silent and that anything said may be used in evidence.

• Recording: Interviews are usually recorded to ensure transparency and prevent abuse.

• Voluntary participation: The interviewee cannot be forced to answer questions.

  
  

These protections aim to balance the need for effective investigations with respect for individual rights.

Practical Tips If You Face a No Comment Interview

If you are ever in a situation where you must attend a police interview, consider these practical steps:

• Request legal advice immediately. A solicitor can guide you on whether to answer questions or say no comment.

• Understand the caution. Listen carefully when the police caution you and remember your rights.

• Stay calm and polite. Even if you choose to say no comment, remain respectful and cooperative.

• Do not volunteer extra information. Only speak when you have legal advice or are confident your answers will not harm your case.

• Keep a record. Note the date, time, and details of the interview for future reference.

  
  

Examples of No Comment Interviews in Practice

• A person arrested for a minor offence chooses no comment answers until their solicitor arrives. This prevents them from accidentally admitting guilt or providing misleading information.

• In a workplace investigation, an employee may say no comment to avoid self-incrimination while seeking legal advice.

• During a serious criminal case, a suspect’s no comment interview is presented in court, and the judge considers whether silence affects the evidence.

  
  

Each case is unique, and the decision to say no comment should be made carefully with professional guidance.

What Happens After a No Comment Interview?

After the interview, the police will review the information gathered and decide whether to charge the individual or release them. The interview transcript, including any no comment responses, becomes part of the case file.

If charged, the no comment interview may be used in court. The defence team will consider how best to address the silence and explain it to the judge or jury.

Summary

No comment interviews are a key part of the UK legal system, designed to protect individuals during police questioning. They allow people to avoid self-incrimination and seek legal advice before speaking. While silence can sometimes raise questions, it is a right that should be respected.