Being questioned by the police can feel frightening, confusing and overwhelming, especially if you have never been in that position before.
One of the most common questions people ask is:
Do I have to answer police questions?
The answer is not always straightforward. You do have a right to silence, but how and when you use that right can have serious consequences. That is why getting legal advice before answering police questions is so important.
What is the right to silence?
In England and Wales, if you are interviewed by the police under caution, you are not legally required to answer every question put to you.
You may have heard the police caution before:
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.
That caution is extremely important. It means you have a right not to answer questions, but silence is not always risk free.
Can staying silent be used against me?
In some cases, yes.
If you say nothing in police interview but later raise a defence at court, the prosecution may argue that you should have mentioned that defence earlier. The court may be invited to draw what is known as an adverse inference.
That does not automatically mean you will be found guilty. It does mean your silence could become part of the case against you, depending on the circumstances.
This is why a no comment interview should never be treated as a simple or automatic choice.
When is a no comment interview the right approach?
There are situations where answering no comment may be the correct legal strategy. For example, this may be considered where:
However, a no comment interview should only be entered into after proper legal advice. What works in one case may be completely wrong in another.
The police have not disclosed enough evidence before the interview
The allegation is unclear
There is a risk of accidentally saying something inaccurate under pressure
The suspect is vulnerable, distressed or unable to respond properly
There are complex legal issues involved
The police case appears weak or incomplete
Should I explain myself to the police?
Many people think that if they simply explain their side, everything will be cleared up.
Sometimes, that may be true. In other cases, people unintentionally damage their position by speaking too quickly, guessing at answers, filling gaps or trying to be helpful without understanding the legal risk.
Police interviews are not informal chats. They are recorded and your answers can be used as evidence.
Even if you are innocent, you should still speak to a solicitor before answering questions.
Do I have the right to a solicitor at the police station?
Yes.
If you are arrested or asked to attend a voluntary police interview, you are entitled to free and independent legal advice.
This applies even if you have not been charged.
This applies even if the police say they only want a quick chat.
This applies even if you think the matter is minor.
A solicitor can speak to the police, ask what evidence they have, advise you on whether to answer questions and protect your position throughout the interview.
What if the police say asking for a solicitor makes me look guilty?
Asking for a solicitor does not make you guilty.
It means you are taking the situation seriously.
Police interviews can affect your future, your job, your family life and your reputation. Getting legal advice is not an admission of guilt. It is a basic right.
Can KMC Legal help at the police station?
Yes.
KMC Legal & Finance provides criminal defence advice and police station representation. If you have been arrested, asked to attend a voluntary interview or contacted by the police, you should seek legal advice before answering questions.
Final advice
Do not panic. Do not guess. Do not try to talk your way out of trouble without advice.
Always request a solicitor before answering police questions.
Contact us 24/7
If you have been asked to attend a police interview or you are worried about a police investigation, contact KMC Legal & Finance.
Call 0800 9494 667
Email: Defence@kmc-legal.co.uk
KMC Legal & Finance
Always in your corner.
