Should You Say "No Comment" in a Police Interview? (2026 Guide)

In Brief

If you are questioned by the police, you have a legal right not to answer police questions and may respond “no comment” if you choose. This right to silence is protected under the Police and Criminal Evidence Act 1984 (PACE) and Article 6 of the European Convention on Human Rights. However, saying nothing is not always the best strategy. Under the Criminal Justice and Public Order Act 1994, courts can draw what is known as an “adverse inference” if you stay silent during interview but later rely on facts you could reasonably have mentioned at the time.

Whether to go “no comment” depends entirely on the circumstances of your case, which is why speaking to a criminal defence solicitor before your interview is essential. In law, the “right to silence” is not a single rule but a collection of related protections, including the right not to answer questions and the privilege against self-incrimination. A solicitor’s advice is free at the police station, and having one present can make a significant difference to the outcome.

What Does “No Comment” Mean in a Police Interview?

When a suspect responds to police questions with the words “no comment,” they are exercising their legal right to silence. You are not legally obliged to answer any questions during a police interview, whether you have been arrested or are attending voluntarily.

Before questioning begins, the police must issue a caution:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

This caution makes clear that while you have the right to remain silent, that silence may carry consequences if the case goes to court. A “no comment” interview means responding to every question with “no comment” rather than providing answers or explanations.

The Right to Silence in England and Wales

The right to silence is a long-established principle of English criminal law. A suspect has no obligation to answer police questions or to assist the prosecution in building a case against them. This right is protected by Article 6 of the European Convention on Human Rights (the right to a fair trial) and by PACE Code C, which governs the detention, treatment, and questioning of suspects.

The revised PACE Code C (effective 20 December 2023) reinforces the right to legal advice, limiting the circumstances in which a suspect can be interviewed without a solicitor present. You should always have the opportunity to consult a solicitor before deciding how to respond.

However, the right to silence has been significantly limited by statute, particularly since the Criminal Justice and Public Order Act 1994. The Criminal Justice and Public Order Act 1994 (CJPOA 1994) introduced provisions allowing courts to draw adverse inferences from a suspect’s silence in specific situations.

What Is Adverse Inference?

Adverse inference is a legal concept that allows a court or jury to draw negative conclusions from a defendant’s silence during a police interview. It does not mean that silence alone equals guilt, but it can be used against you at trial.

Under the CJPOA 1994, adverse inferences may be drawn in three key situations:

Importantly, adverse inference is not automatic. The Court of Appeal held in R v Argent [1997] 2 Cr App R 27 that an inference can only arise if the defendant could reasonably have been expected to mention the relevant facts at the time, and it is fair and proper in all the circumstances to draw that conclusion.

If you relied on your solicitor’s advice to stay silent, this is an important factor, but it does not automatically prevent an adverse inference from being drawn, particularly where there were good reasons for the advice (such as insufficient disclosure by the police). A court cannot convict wholly or mainly on the basis of an adverse inference from silence; there must be a case to answer based on other evidence. An adverse inference can only be drawn if you were properly cautioned before being questioned.

When Might a Solicitor Advise You to Say “No Comment”?

A solicitor may recommend a “no comment” interview in a number of situations, including:

• The police have not disclosed enough evidence. Before an interview, the police should provide the solicitor with at least a basic outline of the allegation and the evidence. If disclosure is inadequate, your solicitor may advise silence to prevent you from responding to unknown or unclear allegations.
• The evidence against you is weak. If the police appear to have very little evidence, answering questions could inadvertently strengthen their case or create inconsistencies that could be used against you.
• You are confused, distressed, or unwell. If you are not in a fit state to give reliable answers, a solicitor may advise against responding to prevent misunderstandings or unreliable statements.
• There is a risk of self-incrimination. If answering certain questions could implicate you in other offences, silence may be the safest course of action.
• The arrest or detention is unlawful. If your solicitor believes there are procedural issues with how you have been detained, they may advise “no comment” while challenging the process.

What Are the Benefits of Saying “No Comment”?

The main advantage of a “no comment” interview is that you avoid giving the police evidence they can use against you. In cases where the prosecution’s evidence is weak, your silence may result in a decision of no further action or insufficient evidence to charge.

Other benefits include:

• Preventing inconsistencies. Answering questions under pressure can lead to confused or contradictory statements that a prosecutor could use to attack your credibility at trial.
• Buying time. Silence allows your solicitor to review the evidence and prepare a considered defence strategy rather than reacting in the moment.
• Avoiding misinterpretation. What you say in interview is recorded and can be presented in court. Words taken out of context or poorly phrased answers can be damaging.

What Are the Risks of Saying “No Comment”?

The primary risk is adverse inference. If you later present a defence at trial that you failed to mention during your police interview, the prosecution may argue that your defence is a recent fabrication – something you made up after seeing the evidence against you.

A jury or magistrate may then be directed that they are entitled to draw an adverse inference from your earlier silence. While this alone cannot convict you – there must be other evidence – it can seriously undermine your credibility.

There is also a practical risk: if you have a straightforward and credible explanation, providing it early can sometimes lead to the police deciding not to charge. Staying silent when you have a genuine defence may prolong the investigation unnecessarily and result in being released under investigation or placed on bail for longer.

Does Saying “No Comment” Make You Look Guilty?

Saying “no comment” does not automatically imply guilt. There are many legitimate reasons for exercising your right to silence, and solicitors routinely advise clients to say “no comment” as a considered legal strategy – not because their clients are guilty.

However, perception is a real concern. If your case reaches trial and you present a defence you did not mention in interview, the prosecution will likely ask the jury to consider why you stayed silent.

The CPS, when deciding whether to charge, will consider a “no comment” interview alongside all other evidence. A “no comment” response alone is not evidence of guilt and cannot form the basis of a prosecution on its own, and the CPS cannot build a case based solely on a suspect’s silence. In practice, the impact of a “no comment” interview depends heavily on the strength of the prosecution case and the advice given at the time.

What Is a Prepared Statement?

A prepared statement is a written document, drafted with your solicitor before the interview, that sets out your account or response to the allegations. It is read out or handed to the interviewing officer at the start of the interview, after which you respond “no comment” to further questions.

A prepared statement offers a middle ground between full silence and answering every question. It allows you to:

• Put your version of events on record, protecting against a greater adverse inference under Section 34 (although this can still apply to other questions to which you answered ‘no comment’)
• Control exactly what information you provide, avoiding the risk of saying something unhelpful under pressure
• Engage with the allegations while avoiding the unpredictability of a live interview

Courts have accepted that providing a prepared statement is a legitimate exercise of a suspect’s rights and it can be particularly effective when the police have provided limited disclosure.

When Should You Answer Police Questions?

There are circumstances where answering questions may be in your best interest:

• You have a clear alibi. If you were somewhere else at the time of the alleged offence and can demonstrate this, providing that information early can lead to a swift resolution.
• The evidence is strong and you accept the allegation. If you intend to plead guilty, cooperating in interview can demonstrate remorse and may be treated as a mitigating factor at sentencing.
• Your solicitor advises it. After reviewing the disclosure and discussing the case with you, your solicitor may conclude that answering questions is the best strategy.

The decision to answer or stay silent should always be made following consultation with a solicitor, never on your own. A solicitor can assess the strength of the evidence, the nature of the allegation, and your personal circumstances before advising on the best approach.

Get Specialist Legal Advice Before Your Police Interview

Whether you have been arrested or invited to attend a voluntary police interview, the most important thing you can do is speak to a criminal defence solicitor before answering any questions. Solicitor advice at the police station is free under the Legal Aid scheme, regardless of your income.

At JD Spicer Zeb, our criminal law solicitors provide 24/7 police station representation across England and Wales. We have accredited police station representatives who can attend your interview, review the evidence, and advise you on whether to answer questions, provide a prepared statement, or go “no comment.”

If you need immediate advice and representation, please use our emergency contact numbers:

• Central London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

Frequently Asked Questions

Can you say “no comment” in court?

The right to silence in a police interview is different from giving evidence at trial. At trial, a defendant has the right not to give evidence, but the judge may direct the jury that they can draw an adverse inference from that decision under Section 35 of the CJPOA 1994. You do not respond to questions in court with “no comment” – if you choose not to testify, you simply do not enter the witness box.

Why do solicitors tell you to say “no comment”?

Solicitors advise “no comment” when the circumstances make it the safest legal strategy. This may be because the police have not disclosed enough evidence, the allegation is unclear, the client is vulnerable, or there is a risk that answering questions could cause more harm than good. It is a considered professional recommendation, not a sign of guilt.

Does “no comment” mean no further action?

Not necessarily. The police and CPS will consider all the available evidence, not just what was said in interview. If there is sufficient evidence from other sources (such as CCTV, forensics, or witness statements), the case can still proceed to charge regardless of a “no comment” interview. However, in weak evidence cases, silence may contribute to a decision of no further action.

Can adverse inference alone lead to a conviction?

No. A conviction cannot be based solely on an adverse inference from silence. There must be a case to answer based on other evidence before an adverse inference can be considered. The inference can only strengthen an existing case – it cannot create one.

Do I have a right to a solicitor during a police interview?

Yes. Under Section 58 of the Police and Criminal Evidence Act 1984, you have the right to free, independent legal advice at the police station. The revised PACE Code C (2023) further strengthens this right. You should always request a solicitor before your interview begins. If you do not have your own solicitor, a duty solicitor will be provided at no cost.

Is it better to give a prepared statement or go fully “no comment”?

It depends on the circumstances. A prepared statement can protect against adverse inference by putting your account on record, while still avoiding the risks of a live interview. However, in some cases, full silence may be more appropriate – for example, if the police have disclosed almost nothing about the allegation. Your solicitor will advise which approach is best for your specific situation.

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