Refusing a Police Interview: Pros & Cons
Can you just say "No"? Understanding your rights and the risks.
Can I Refuse to Be Interviewed?
Technically, you cannot be forced to speak. However, refusing to come out of your cell or refusing to sit in the interview room can lead to "adverse inferences" being drawn against you later in court.
Crucial Distinction
There is a difference between refusing to attend an interview and answering "No Comment" during an interview.
Pros: Can establish a defence early; may avoid charge if explanation is accepted; shows cooperation.
Cons: You might admit to an offence inadvertently; you might reveal evidence police didn't have.
Pros: Protects you if police have no evidence; avoids self-incrimination; buys time to see disclosure.
Cons: Risk of "Adverse Inferences" under Section 34 CJPOA 1994. The court may infer you made up a defence later because you didn't mention it when questioned.
A Prepared Statement is often the best strategy. Your solicitor writes down your defence/account and reads it to the police at the start of the interview. You then answer "No Comment" to all questions.
Why it works: It puts your defence on record (avoiding adverse inferences) but protects you from being tripped up by tricky police questioning.
The Only Safe Option
You should NEVER decide whether to answer questions or go "No Comment" without seeing the police disclosure first. Only a solicitor gets to see this evidence before the interview[3].
Get Free Advice Before DecidingLegal References & Authorities
[1] Police and Criminal Evidence Act 1984 (PACE) Code C, Paragraph 11.1A (Interview procedures)
[2] Criminal Justice and Public Order Act 1994, Section 34 (Effect of accused's failure to mention facts when questioned)
[3] Attorney General's Guidelines on Disclosure (2022); R v Farrell [2004] - Right to disclosure adequate for fair interview
[4] PACE Code C, Paragraph 6.6 - Right to legal advice