No Comment in Police Interview, Not Guilty at Court
Nottingham crime and regulatory solicitor Martin Hadley represented provided advice and representation to a client in police interview, then continued with his case before Nottingham Magistrates’ Court. The decision relating to a ‘no comment’ interview made in the police station influenced the Crown Prosecution Service decision to drop the case before trial.
Arrest for Criminal Damage
Martin’s client was Initially arrested for a criminal damage. Prior to police interview the interviewing office was unable to provide Martin with a great deal of evidence upon which to take instructions and advise his client as to whether he ought to answer questions in interview or not.
‘No Comment’ response to questions
Owing to this lack of evidence, Martin advised his client to respond ‘no comment’ to police questions in interview. His client accepted that advice. He was then placed on police bail to return to the police station. On returning to the police station there was no further police interview. Martin’s client was simply charged with the offence which investigations had revealed was now one of high damage.
Martin represented his client at the first court appearance. He was presented with only a summary of the case. There were no detailed police statements. His client pleaded not guilty and the case was adjourned to trial.
Poor quality CCTV
Despite chasing the CPS, the evidence that the prosecution intended to rely upon, including CCTV of the incident. The footage was of a poor quality, and the remaining evidence was contradictory.
On attending court for the trial, Martin was able to speak with the prosecutor to check that he shared Martin’s view about the state of the evidence. The prosecutor was in agreement that he would be unable to prove the case and offered no evidence. Martin’s client was found not guilty.
Advice led to not guilty verdict
Had Martin’s client not had the benefit of his advice at both the police station and court it was likely that he would have provided the police and prosecution with information or evidence that would have strengthened the case against him and may have left him with a conviction, a punishment from the court and compensation and costs to pay.
Contact a Criminal Defence Lawyer
This case demonstrates that a specialist criminal defence solicitor from VHS Fletchers can make a difference to the outcome of your case. This is particularly true when we are instructed at the beginning of your case when you have your first police interview.
We will always advise you about the availability of legal aid to fund your defence in the Magistrates’ Court. You can read more about legal aid funding here.
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