"No Comment" in a Police Interview: What It Means

I don't work for the police. This is not Kent Police: if you need the police, call 101, or 999 in an emergency. Police Station Agent is run by Defence Legal Services Ltd. When I act for you, I do so as a solicitor at Tuckers Solicitors LLP.

Answering "no comment" means using your right not to answer police questions in an interview under caution. It's lawful and common. But it isn't risk-free, and whether it's right depends on your case.

What "no comment" means

You're not obliged to answer police questions. Saying "no comment" to each question is the usual way of using that right in a recorded interview. It isn't an admission and it isn't a crime.

The caution and adverse inference (CJPOA s.34)

The caution tells you that it may harm your defence if you don't mention, when questioned, something you later rely on in court. That comes from section 34 of the Criminal Justice and Public Order Act 1994. If you rely at trial on a fact you could reasonably have been expected to mention when questioned, the court or jury may be allowed to draw "such inferences as appear proper".

There are limits. If you were at a police station and hadn't been allowed to consult a solicitor before being questioned, s.34 doesn't apply (s.34(2A)). A court can't convict you solely on an inference (s.38(3)). And PACE Code C section 10 sets out how and when you must be cautioned.

Why solicitors sometimes advise it

Every case is different, so I can't say "always" or "never". Reasons a solicitor may advise no comment include: police have given little or no disclosure about the evidence; the allegation is unclear; you're not in a fit state to be interviewed; or the law is complicated and an account given now could be misunderstood. Code C 11.1A requires police to give you enough information to understand the nature of the suspected offence before interview, but they don't have to show you all their evidence.

Reasons a solicitor may advise answering include having a clear, simple account that's likely to help you, especially where it can be checked.

Prepared statements

A middle course is a prepared statement: a written account of the key facts, handed to police in interview, after which you may decline to answer questions. It can reduce the risk of a s.34 inference about the facts it covers. It only protects what's in it, so it has to be drafted carefully.

The risks of going it alone

Deciding without advice means you don't know what police have, what the law requires them to prove, or how a court might view silence. Legal advice at the police station is free under legal aid, it isn't means-tested, and you can consult a solicitor privately at any time (Code C 6.1).

Special warnings

If you've been arrested, police may give a special warning asking you to account for an object, mark or your presence at a place. That's a separate rule. See special warnings explained.

Get advice before interview

For the Kent picture, see no comment interviews at Kent police stations, and interview under caution and preparing for interview.

Related guides

• Police interview rights
• Interview under caution
• No comment interview in Kent

Conclusion

"No comment" is your right, but it can have consequences if you later rely on facts you didn't mention. A prepared statement or answering questions may be better in some cases. Make the decision with a solicitor once you know what police have disclosed.

Sources

Sources checked: 16 October 2026.

• Criminal Justice and Public Order Act 1994 s.34 (failure to mention facts): legislation.gov.uk
• Criminal Justice and Public Order Act 1994 s.38(3): legislation.gov.uk
• PACE Code C 2023, section 10 (cautions), 6.1 and 11.1A: GOV.UK

General information only: not legal advice about any individual case. While every care is taken to keep information accurate, errors may occur and the law changes. Don't rely on this page instead of advice from a qualified solicitor. If you believe something is incorrect, contact us to report a content error. Legal services are provided by Tuckers Solicitors LLP.