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What is the difference between a prepared statement, a no comment interview and answering all police questions in legal terms in a police interview as a suspect in england?
In the legal context of a police interview in England, here are the differences between using a prepared statement, a 'no comment' interview, and answering all police questions:
Prepared Statement: A prepared statement is typically written in advance of a police interview, often with the help of a legal advisor. It allows the suspect to lay out their version of events without interruption and to avoid potential confusion or misinterpretation. By using a prepared statement, the suspect can carefully control what information is provided and ensure that it is presented in the most advantageous manner. However, following the prepared statement, the police will usually still ask further questions, and a suspect will need to decide how to respond to these.
'No Comment' Interview: This is when a suspect responds to all, or almost all, questions with 'no comment' or similar. This right is protected under the right to silence, where a suspect is not compelled to answer police questions. However, under Section 34 of the Criminal Justice and Public Order Act 1994 in England, if a suspect fails to mention any fact which he later relies upon in his defence and which in the circumstances at the time he could reasonably have been expected to mention, it may harm their defence. This essentially means that staying silent during a police interview might be held against the suspect at trial if they later bring up facts they did not mention during the interview.
Answering All Police Questions: This strategy is exactly as it sounds; a suspect provides answers to all the questions asked by the police. This approach can demonstrate cooperation and may help to resolve any misunderstandings quickly. However, it can also potentially expose the suspect to risk if they mistakenly incriminate themselves or provide information that can be used against them later. It's important for a suspect to understand their rights and potential legal strategies before deciding to answer all questions, ideally with the assistance of a solicitor.
In all these scenarios, it is strongly recommended that a suspect seek legal advice before participating in a police interview in England. The exact circumstances of the case, the evidence available, and the potential charges involved all influence which approach is most advisable.
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