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Accredited representative advises during no comment interview

Fly on the wall documentaries are increasingly popular, particularly when they show the workings of the criminal justice system.  Such programs may, particularly when they rely on interviews with the police, present a no comment interview as harmful to a suspects case.

While there may be instances where a person is not helped by failing to give an account, there are many occasions when there is substantial benefit to a no comment interview.

Exercising your right to silence

Choosing not to answer questions is your legal right.  The reasons for refusing to answer questions my be complex.  You would certainly be best advised to seek expert legal advice before doing so.

You can read more about your right to silence here.

Choosing a no comment interview might mean that no further action is taken by the police at the conclusion of the police investigation.

Here are two examples where accredited police station representative Rob Lowe at our Chesterfield office provided advice on the right to silence.  His clients conducted a no comment interview.  Ultimately it was to their benefit.

No comment interview following assault allegation

no comment interview
Accredited police station representative Rob Lowe

Rob was instructed to attend for a voluntary interview.  His client was being investigated as an allegation had been made that he assaulted a neighbour.  The neighbour was said to have stepped onto his land to remonstrate with a third party who was driving a tractor.

The allegation was that Rob’s client had then shoved the neighbour.

Upon taking his client’s instructions, he confirmed that he had been present and approached the complaint.  He accepted putting himself between the complainant and the driver.  This was to highlight to the neighbour that he was putting himself in a dangerous position bearing in mind the type of vehicle.

Our client denied touching the complainant at all.

Rob assessed the police evidence as being weak.  Without any form of admission it seemed unlikely that it would proceed to court.  In order to remove any risk that his client would go beyond his instructions when interviewed, Rob advised his client to use a prepared statement and then conduct a no comment interview.

Rob’s assessment of the case was correct because after the interview took place the police confirmed that no further action would be taken.

No comment interview where no complaint made

On this occasion following a client’s arrest, Rob was instructed to advise a suspect who had been arrested of assault and criminal damage within a domestic setting.

Before interview, Rob discovered that the police had no statement of complainant from the only witness who could support a prosecution.  There was no other admissable or independent evidence.

Based on his assessment of the evidence, Rob advised his client that he ought to exercise his right to silence in interview.  As a result, he made no comment replies to questions.

As no one was accusing his client of wrong doing there was no need to answer questions.  Again, Rob’s client was released without any charges from the police.

Instruct a criminal law specialist to advise on a no comment interview.

These are just two examples of how instructing us at the point of police interview can benefit you and ensure that we protect your interests.

Some more benefits of early legal advice can be found here.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

racially aggravated
VHS Fletchers offices across the East Midlands

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A prepared statement as an alternative to answering questions

A police interview under caution will be an opportunity for a suspect to provide the police with their defence to criminal charges.  There may be circumstances in which a suspect with a defence nevertheless exercises their right to silence.  You can read more about that option here.

Using a prepared statement instead of answering questions

An alternative to a suspect answering police questions will be to use a prepared statement.  If a suspect later faces trial for an allegation, Magistrates or a Crown Court jury might be asked to draw conclusions about the truthfulness of any account given.  This could happen where an accused relies on a fact in their defence at court that it was reasonable for them to mention in interview.

The benefit of seeking our free and independent legal advice in police interview is that we will advise you of the approach to take that is in your best interests having considered all of the circumstances.

Our advice is subject to legal privilege and therefore private

Any advice that we give to you and your instructions that allow us to give that advice are confidential and subject to legal privilege.  We can only disclose your instructions and our legal advice with your permission.

A written statement reduces the risk of adverse inferences

Following advice, a decision might be made that it is more appropriate for you to set out your defence in a written statement that can be read out by your legal adviser at the start of the interview.  Thereafter you would be advised not to answer any of the questions put to you.

Any fact mentioned in a prepared statement will be something mentioned in when questioned by the police.  As a result it may go some way to preventing any adverse inferences being drawn by the court at trial following a ‘no comment’ interview.  The effectiveness of the prepared statement is likely to depend upon how forthcoming you are in providing full instructions.

A prepared statement allows a suspect to control easily the amount of information that they disclose to the police.  It means that the police have less information to question a suspect on than if they answered questions.  Once questions are answered, it is far easier for an interviewing officer to probe for any problems or inconsistencies or to elicit further information.

When might we advise that you use a prepared statement?

Our solicitors and accredited representatives recognise that each case is different and our advice will depend upon the evidence the police hold and your instructions.

Such a statement might be appropriate where it is clear to your legal adviser that the police are not providing full disclosure of the evidence that they hold and may surprise a suspect during interview with new information.

Where in normal circumstances we might advise a client to answer questions in full, it may be that there are particular reasons for you to submit a prepared statement instead.  These might include:

  • Where a suspect is vulnerable and might not do themselves justice in interview were they to answer questions
  • A suspect may be unable to withstand the pressure created by the interview process
  • Circumstances in which a suspect is reluctant to speak candidly with their adviser
  • An interview may provide additional information to the investigating officer that will not assist the suspect
  • It may be appropriate to deny certain facts and avoid admitting others, particularly where this may disclose further offending

When should I hand in my prepared statement?

 You will receive advice as to when it is appropriate to make your prepared statement.  It might be after initial interviews in order that we know the case against you.  It might be at the end of all of the interviews.  There is a final opportunity to do so on charge.

In some cases the contents of the statement will not be disclosed to the police in any interview, but will dated, timed and signed by you and only produced if there is sufficient evidence to take your case to court.

Who drafts the statement?

Your solicitor or accredited police station representative will draft the statement for you in accordance with your instructions.  It will be designed to mention all of the necessary information to reduce the risk of an adverse inference. This is important as it is likely to be used at trial in one form or another if you are charged.

Always seek our free and independent advice in police interview

All the advice that we give you will be with your best interests as our sole consideration.  The only reason that we are there is to try and ensure the best possible outcome for you.

We have the experience to consider not only the immediate situation of your police detention but also what may happen should your case come to court.

We aim to make what might be difficult decisions easier for you and relieve some of the pressure that you will feel as a result of being interviewed.

As a result you can see that it is vital that you ask for our free and independent advice in police interview.  A number of other benefits to having legal advice can be found here.

We provide nationwide advice and assistance in the police station from our offices across the East Midlands.  You can find your nearest office here.  Our expert representation is available 24 hours a day, 7 days a week.

prepared statement
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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The no comment interview – your right to silence

There is no magic to the phrase no comment.  It is simply a device for a suspect to indicate that they have no intention of answering police questions.  It allows the police to put questions and the interview to progress easily.  An alternative would be to stay mute for the duration of the interview, but that would only prolong matters!

Advice on your decision to answer no comment

The decision whether to answer police questions or make no comment replies in police interview can be a difficult one.  There are many different considerations to balance.  Since the changes brought in by the Criminal Justice and Public Order Act 1994 many more suspects are advised to answer police questions than previously.

This Act allows Magistrates’ or a jury to draw conclusions from a no comment interview in certain circumstances.  There are four conditions, including whether an accused failed to mention a fact later relied on in their defence and whether it was reasonable at the time for the accused to have mentioned this fact in interview or on charge.

Our advice is subject to legal privilege and cannot be disclosed

There is still, however, a place for the no comment interview but you are best advised to seek free and independent legal advice from a specialist solicitor or accredited police station representative before making the decision not to answer questions in police interview.  As we are entirely independent of the police any advice suggesting that you reply no comment to police questions will be in your best interests.

Any advice that we give to you and your instructions that allow us to give that advice are confidential and subject to legal privilege.  We can only disclose your instructions and our legal advice with your permission.

Your police station representative will always make a note of the instructions that you give, so even if you make ‘no comment’ replies they can give evidence to the court if necessary to show that you haven’t made up a defence once you are charged and papers are served.

Our advice will always be tailored to the circumstances of your case

 Our police station advisers know that each case will turn on its own facts.  Our advice will balance any risks and benefits to you of a no comment interview.  You will be fully advised of the advantages and disadvantages of such a course of action to allow you to make a final decision.

Opportunity for a confidential consultation about the evidence

Before providing advice allowing you to make that decision your legal representative will always seek a confidential discussion with you about the evidence. That will allow them to take your instructions in private and give you advice.  It could be that the police choose not to provide the private facilities necessary.  That in itself could mean that a full discussion of the allegations is not possible and a no comment interview would be advised.

Your police station solicitor will be alive to factors that might affect whether you should answer questions – these could include youth, mental vulnerability, a hearing or speaking disability, poor command of language, a severe nervous state or other condition.

What if I am guilty of the allegation?

 It may be that although you are guilty of the offence the police may not have enough evidence to put before a court to convict you without your admission. There might be concerns about the level of disclosure of evidence from the police which could suggest that the evidence to convict you simply isn’t there. As a suspect is ‘innocent until proven guilty’ you are perfectly within your rights to choose not to answer questions.

Alternatively, it might be that the police do not know the full extent of your offending and answering questions would make matters far worse for you.  Again, this would be a valid reason for replying no comment to police questions in interview.

As the caution only talks about inferences rather than any benefit of an early admission, the Court of Appeal has stated that you cannot lose discount for early guilty plea on the basis of a no comment interview.

Our free and independent legal advice will balance these considerations against other concerns that you might have.

If you admit the offences in police interview then you will have the benefit of demonstrating remorse for your offending.  True remorse can significantly reduce any sentence that you receive.  The greatest demonstration of remorse might be the strongest evidence it is genuine.

Alternatively, an early admission might mean that a prosecution can be avoided and you can be diverted from the court system.  To receive a caution or a restorative justice disposal an admission will normally be required from you.

What if I have a defence to the charge?  Shouldn’t I tell the police?

There may be a number of reasons why you would choose not to answer questions if you are innocent of the charge.  For example

  • You may know who the true culprit is but not want to name them
  • Your defence might involve admissions to some other damaging or embarrassing conduct but that is not illegal
  • We are unable to fully advise you as the police have not given us enough information about your case
  • The case is too complex or old to provide an immediate response

Other factors that might be relevant could include:

  • Your state of mind at the time of interview. Perhaps you were suggestible or in a state of shock?
  • You might be easily confused and liable to make mistakes in your account
  • There is a need to refer to information that isn’t to hand in police interview to check an alibi
  • We identify that there is some other good reason why you might not come over well in police interview

Our specialist police station advice will include whether there is a good reason for making no comment in interview, including whether a prepared statement should be used instead to control the manner in which the police are told about your defence.

We will advise you as to whether there are likely to be issues of admissibility at court relating to such matters as comment that you have made to the police upon arrest or any informal identification that might mean you should exercise your right to silence.

Always seek our free and independent legal advice in police interview

As you can see there are many factors that affect a decision whether to answer questions in police interview or answer no comment to any questions put.  It is vital that you seek our advice which is free of charge before you commit to a decision that could provide the evidence to secure a conviction or lead to problems in any future court case.

A number of other benefits to seeking legal advice can be found here.

We provide nationwide advice and assistance in the police station from our offices across the East Midlands.  You can find your nearest office here.  Our expert representation is available 24 hours a day, 7 days a week.

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VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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Busy week for Chesterfield crime solicitor

 

Chesterfield criminal defence solicitor Denney Lau
Chesterfield crime solicitor Denney Lau

Chesterfield crime solicitor Denney Lau has had another busy week,combining police station representation, Magistrates’ court cases and office appointments.

You can read more about this below.

Monday

Negotiated basis of plea

Denney’s first client of his working week was a person who had been arrested on a warrant that had been outstanding since November 2016 and was before Chesterfield Magistrates’ Court.  Although he accepted being guilty of an offence of assault, he did not accept the full extent of the allegation.  Denney was able to negotiate a basis of plea that was acceptable to the prosecution and the court.  He pleaded guilty and received a financial penalty.

Legal aid was granted which meant that our representation was free of charge to our client.

Trial prepared but no client

Later that day, Denney was to represent another legally-aided client who faced trial for theft from a dwelling.  The witness was to give evidence over a live link from Oxford.  The trial was fully prepared, but in the our client didn’t attend and the trial could not go ahead.

Tuesday

Client released under investigation

On Tuesday morning a client sought our independent legal advice in police interview.  The allegation was one of commercial burglary from the summer of 2017.  He had been detained at chesterfield police station allegation of non dwelling burglary.  Following advice, our client put forward an account denying responsibility for the offence.

Representations were made that our client should not be detained while a decision from the Crown Prosecution Service was sought.  Instead, he should be released under investigation so that the final decision can be communicated at a later date.

Criminal legal aid meant that this advice and representation was free of charge.

Suspended rather than immediate custody

Again with the benefit of criminal legal aid, Chesterfield crime solicitor Denney Lau represented a client who had breached his community order on two separate occasions.  To make matters worse, he had been unlawfully at large on a warrant without bail since September 2017.

The District Judge gave an immediate indication that he had no alternative but to send our client to prison immediately.  Having heard mitigation from Denney, instead he felt able to impose a suspended sentence leading to our client’s immediate release.

A night on call at Chesterfield police station

Lack of evidence on theft

Denney’s first client of the evening was a person who had been arrested for an allegation of theft.  A lack of evidence meant that our client chose not to answer police questions.  His continued detention was authorised to permit consideration of identification procedures and to see whether any further evidence was to be provided.

Representations secure bail from police

chesterfield police station legal aid solicitor
Chesterfield police station

His second client had been arrested for driving whilst disqualified but denied that allegation after receiving free and independent legal advice.  He was already being investigated for an identical offence.

Denney’s client was charged with both sets of offences.  The officer made representation to the custody sergeant that, bearing in mind the repeat allegations, our client should be detained for a remand application in the morning.

After hearing representations from Denney, the sergeant was persuaded to bail his client to court instead.

Wednesday

Chesterfield police station part two

Denney returned to Chesterfield police station to continue to represent the person detained for theft the night before.  There was a co-accused by now, although the co-accused was represented by a different firm of solicitor.

Our client was charged with several allegations of theft, as was his co-accused.  Denny was successful in persuading the police to grant his client bail, although the solicitor for the co-accused was less successful.  He was placed before the court for a remand application.

Favourable sentence in client’s absence

A client was due to be sentenced over the video link but refused to appear for the hearing.  The court decided to proceed in the client’s absence.  Denney continued to act in the best interests of his client.  This involved placing relevant mitigation before the court.  In the event, Denney secured a short custodial sentence that was almost equivalent to time already spent on remand, thus securing his client’s release within a further day or so.

Thursday

Birthday celebration, so no court, no police stations and no clients.

Go-karting instead.

Friday

Successful bail application by Chesterfield crime solicitor

A client had been placed before the court for an application to remand him into custody after he was charged with being in breach of a dispersal notice.  There were several issues surrounding the lawfulness of the notice so he was advised to plead not guilty.  Bail was secured even though our client had no fixed address and a conviction would place him in breach of a suspended sentence.

Another client no-show

Denney had prepared a trial to be heard before Nottingham Magistrates’ Court although he required further information from his client.  His client failed to attend and the court allowed the prosecution to proceed in his absence.  Denney was not fully instructed so withdrew from the case.

Interviewed without a solicitor

A client had made an appointment to see Chesterfield crime solicitor Denney to discuss their case.  They had chosen to be interviewed without the benefit of free and independent legal advice and wanted to talk about the evidence and the procedure following a release under investigation.

Contact a Chesterfield criminal law specialist

chesterfield crime solicitor 5 Beetwell Street
VHS Fletchers, 5 Beetwell Street, Chesterfield

We gain our experience and enhance our reputation for being experts in the field of criminal law by representing clients in relation to a full range of offences on a daily basis,

If you want to instruct Chesterfield crime solicitor Denney Lau in a case then the details of our new office in Chesterfield can be found here.  Alternatively you can use the contact form below.

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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.

Circumstances in which a person might consider exercising their right to silence with a ‘no comment’ interview are discussed here.

Contact a Criminal Defence Lawyer

nottingham crime solicitor Martin Haldey
Nottingham crime and regulatory solicitor Martin Hadley

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.

You can read a number of reasons why you ought to seek our free and independent legal advice in police interview here.

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.

You can contact Martin Hadley on 0115 9599550, or you can find a solicitor at your nearest office here.

Alternatively you can use the contact form below:

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