No Comment Interviews: What Your Attendance Note Must Record

When no comment is the right strategy

A no comment interview isn't a default position. It's a tactical decision taken after disclosure review and consultation, usually where the client lacks sufficient information to answer safely, where answering would create inconsistency with a later defence, or where the evidence disclosed is too thin to rebut but too risky to engage with.

Your note must record why no comment was advised, not merely that it was. A supervisor reading the file six months later, or an LAA assessor reviewing the claim, should understand the reasoning without needing to infer it from context.

Before the interview: what to record

In consultation, record the disclosure summary, the client's instructions, and the advice given on answering questions. If you explained adverse inference under section 34 of the Criminal Justice and Public Order Act 1994, say so explicitly, including the fact that silence may be drawn to the jury's attention in certain circumstances at trial.

• Summary of disclosure received and any gaps identified
• Client's account in consultation (even if they won't repeat it in interview)
• Advice on no comment: reasons, risks, and alternatives considered
• Confirmation the client understands the caution and the interview process
• Any vulnerability, language, or fitness issues affecting consultation

During the interview: active representation

Your role isn't passive. Record start and end times, breaks, officers present, and whether the interview was audio or video recorded. Note any improper questions, pressure, or failure to put disclosure fairly, and whether you objected and what the officer said in response.

For a no comment interview, the substance of the note is often shorter on admissions, but it should still capture themes of questioning, any significant statements made outside the no comment approach, and your interventions.

After the interview

Record post-interview advice, any representations made to the custody officer, bail conditions discussed, and the outcome (charge, NFA, bail, RUI). Time recording by activity remains essential. A no comment interview that runs three hours with lengthy disclosure review may still escape the fixed fee.

Common note-taking mistakes

Writing only "no comment interview" with no consultation detail is the most frequent weakness. Assessors and supervisors can't verify that informed advice was given. Another common gap is failing to record objections or welfare concerns during a lengthy interview. Those entries may support exclusion arguments later.

Must I record the client's reasons for no comment in the attendance note?

You should record enough to show informed advice was given and instructions were taken. You don't need a verbatim transcript of consultation, but the note should explain the basis for the strategy, for example, insufficient disclosure, risk of inconsistency, or client denial with no safe account to put forward.

Does a no comment interview affect legal aid billing?

The interview approach doesn't change the fee scheme. You still claim under the police station fixed fee unless the matter escapes. Your time breakdown must reflect all work done (disclosure, consultation, waiting, interview, and post-interview) regardless of whether the client answered questions.

Should I mention adverse inference in every no comment note?

If you advised on adverse inference, record that you did. It demonstrates the client was warned about potential trial consequences of silence. The level of detail should reflect what was actually discussed in consultation.