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Why You Need A Solicitor If You Are Considering A No Comment Interview
In England, you have the right to remain silent when being interviewed by the police. This is often referred to as a "no comment" interview. This right is protected by the Police and Criminal Evidence Act 1984 (PACE).
There are a number of reasons why you might answer no comment to police questions in a police interview in England. Some of these reasons include:
You are innocent and do not want to say anything that could incriminate yourself.
You do not remember the events in question.
You are confused about the questions being asked.
You are concerned about the consequences of answering questions.
You want to speak to a solicitor before answering any questions.
During an interview, you have the right to say "no comment" in response to any or all questions posed by the police. This can be a protection against self-incrimination, and it can also be used if legal advice has not been available prior to the interview.
However, it is important to understand that the right to remain silent comes with potential implications. In court, the jury can be allowed to draw adverse inferences from your silence, as outlined in the Criminal Justice and Public Order Act 1994. This means that if you choose to say "no comment" to all questions in a police interview, and later on you introduce a new piece of evidence in court that you could have mentioned during the interview, the court is allowed to consider why you didn't mention it earlier.
This doesn't mean that you will automatically be found guilty if you choose to remain silent, but it can potentially influence how your evidence is perceived.
If you're arrested and brought in for questioning, it's essential to get legal advice before deciding on a "no comment" interview. A solicitor can help you understand the potential implications of remaining silent versus answering questions.
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