No comment interview

Using your right to silence in a police interview by answering "no comment" to questions. It is lawful but can have consequences at trial.

A no comment interview is when a suspect uses the right to silence and answers police questions with "no comment" or says nothing. It is lawful, and nobody can force you to answer. Solicitors sometimes advise it, for example when police have given little information about the evidence, or when the suspect is unwell or not in a fit state to be interviewed. However, in England and Wales a court or jury may be allowed to draw an adverse inference at trial if you later rely on a fact you could reasonably have mentioned in interview, under section 34 of the Criminal Justice and Public Order Act 1994. Saying you stayed silent on legal advice does not automatically prevent an inference. A prepared statement can be combined with a no comment interview. Whether to answer questions is a decision to discuss with a solicitor before the interview.

Checked as at 25 September 2026. General information only, not legal advice.