What Is a No Comment Interview? — UK Criminal Defence Glossary

A no comment interview is a police interview in which the suspect declines to answer questions, exercising their right to silence. In England and Wales, the right to silence is protected, but sections 34–37 of the Criminal Justice and Public Order Act 1994 allow a court to draw adverse inferences from silence in certain circumstances.

Detailed explanation

The right to silence is a fundamental principle of English criminal law. A suspect is not obliged to answer police questions, and the caution administered before interview acknowledges this: “You do not have to say anything.” However, the caution also warns that silence may have consequences: “But it may harm your defence if you do not mention when questioned something which you later rely on in court.”

This tension — between the right to silence and the risk of adverse inferences — is at the heart of every no comment interview. The Criminal Justice and Public Order Act 1994 introduced four inference provisions: section 34 (failure to mention facts later relied on), section 35 (failure to give evidence at trial), section 36 (failure to account for objects, substances, or marks), and section 37 (failure to account for presence at a particular place). A no comment interview primarily engages section 34.

The decision to advise a no comment interview is a professional judgment. Common reasons include: insufficient disclosure from the police, the client's vulnerability or unfitness to be interviewed, complexity of the allegations requiring further investigation before responding, or the tactical assessment that answering questions would not assist the client at this stage. The legal adviser must weigh the risks of silence against the risks of answering.

When practitioners encounter no comment interviews

No comment interviews are a routine part of police station practice. The representative must discuss the option with the client during the pre-interview consultation, explain the caution and the adverse inference provisions in language the client understands, and make a professional recommendation. The final decision belongs to the client, but the quality of the advice is the representative's responsibility.

In some cases, the representative may advise a combination approach: a prepared statement followed by no comment to questions. The prepared statement allows the client to put their account on record — reducing the risk of adverse inferences — while declining to answer further questions that may be designed to undermine that account.

How no comment interviews relate to attendance notes

The attendance note is the defence's record of why a no comment interview was advised. This is critically important. If the case proceeds to trial and the prosecution invites the jury to draw adverse inferences from the defendant's silence, the defence may need to explain the basis for the advice. The attendance note — recording the level of disclosure, the client's condition, the complexity of the case, and the representative's reasoning — is the primary evidence supporting that explanation.

The note should record: what disclosure was given before the advice was formulated; the specific reasons for advising no comment; whether a prepared statement was considered and, if so, whether it was used; and the client's informed consent to the advice. Without this record, the defence may struggle to explain the silence at trial.

Key points to record

• Disclosure received and its adequacy
• Reasons for advising no comment (documented at the time)
• Whether a prepared statement was considered or delivered
• That the client was advised about the adverse inference provisions
• That the client understood the advice and consented
• The client's condition and fitness to be interviewed
• Any interventions during the interview
• The interview duration and conduct
• Post-interview outcome and any further advice

Related terms

• PACE interview — the formal interview under caution
• Disclosure in police interview — the information shared before interview
• Attendance note — where the reasoning for silence is recorded
• Voluntary attendance — no comment advice applies equally to voluntary interviews

Frequently asked questions

Can a court draw adverse inferences from a no comment interview?

Yes, in certain circumstances. Section 34 of the Criminal Justice and Public Order Act 1994 permits a court to draw inferences where the defendant fails to mention, when questioned under caution, a fact later relied on in their defence — provided it is a fact the defendant could reasonably have been expected to mention at the time. However, inferences alone cannot found a conviction; there must be a case to answer before inferences are relevant. The attendance note recording the reasons for the no comment advice is essential to any defence argument that the inferences should not be drawn.

What is the difference between no comment and a prepared statement?

A no comment interview means the suspect declines to answer all questions. A prepared statement is a written account, prepared with legal advice, that is read out at the start of the interview before the suspect declines to answer further questions. The prepared statement puts the client's account on record, which may reduce the risk of adverse inferences under section 34 — because the facts relied on at trial have been mentioned during questioning. The two approaches are often combined: prepared statement, then no comment to questions.

Should the attendance note record the reasons for no comment advice even if the case does not proceed?

Yes. Cases that appear to be concluded at the police station stage may be revived weeks, months, or even years later. If the matter is reopened and the suspect is charged, the attendance note from the original interview becomes the only contemporaneous record of the advice given and the reasons for it. Recording the reasoning at the time — regardless of the apparent outcome — is a basic professional discipline that protects both the client and the adviser.

Further reading

• Police Station Interview Notes
• What Is a PACE Interview?
• What Is Disclosure in a Police Interview?
• Police Station Attendance Notes (UK Guide)