No Further Action After Police Interview
Key Takeaways
- Your solicitor has the right to disclosure under Code C, paragraph 11.1A
- Disclosure must be sufficient to enable proper legal advice
- You can refuse to answer questions if disclosure is inadequate
- Always request a solicitor before any police interview
If the police decide to take no further action after your interview, this means they will not charge you with an offence. Under the Code for Crown Prosecutors, the police must consider whether there is sufficient evidence and whether it is in the public interest to prosecute. If either test is not met, no further action will be taken.
What Does No Further Action Mean?
No further action (NFA) means the police have decided not to proceed with the case. This can happen if there is insufficient evidence, if it is not in the public interest to prosecute, or if the police determine that no offence has been committed. Under section 37 of the Police and Criminal Evidence Act 1984, the police must make a decision about whether to charge, release on bail, or take no further action.
When Can No Further Action Be Taken?
No further action can be taken at any stage of the investigation. It may happen immediately after interview if the police determine there is no case to answer, or it may happen later after further investigation. Under the Code for Crown Prosecutors, the evidential test must be met - there must be sufficient evidence for a realistic prospect of conviction.
Your Rights After No Further Action
If no further action is taken, you should be informed in writing. You are not charged with any offence and do not have a criminal record. However, the police may retain records of the investigation. Under the Rehabilitation of Offenders Act 1974, if you are not charged, you do not have a criminal record for the matter.
Seeking Legal Advice
If you are interviewed by the police, it is essential to have legal representation. An accredited duty solicitor can ensure your rights are protected, obtain disclosure, and provide expert advice. Legal advice at the police station is free under section 58 of PACE and Schedule 1, Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The Importance of Pre-Interview Disclosure
Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.
What Should Disclosure Include?
Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.
Challenging Inadequate Disclosure
If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.
Further Information
For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.
Frequently Asked Questions
Can the police refuse to give disclosure?
The police must provide sufficient information under Code C, paragraph 11.1A. If they refuse, your solicitor can advise you on the implications and whether to answer questions without full disclosure.
What if I answered questions without a solicitor?
Any answers given may still be used as evidence. However, the court will consider whether you were properly advised of your rights under section 58 of PACE when assessing the weight of that evidence.
Is disclosure the same at police station and court?
No. Police station disclosure is more limited. Full prosecution disclosure occurs after charging under the Criminal Procedure and Investigations Act 1996.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, contact a qualified solicitor. Legal Aid is available for police station representation regardless of your financial circumstances.
References
- Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
- Criminal Procedure and Investigations Act 1996, section 3
- Police and Criminal Evidence Act 1984, section 58
- R v Argent [1997] 2 Cr App R 27