Prepared Statements: A Middle Ground in Police Interviews

What Is a Prepared Statement?

A prepared statement is a carefully drafted written document that sets out your account of the events you've been arrested for. It is prepared during your private consultation with your solicitor, based on your instructions and the disclosure you've received from the police.

At the start of the police interview, you (or your solicitor) will read the statement aloud. It is then recorded as part of the interview. After that, you answer "no comment" to any questions the police ask.

Why Use a Prepared Statement?

The prepared statement is a tactical tool that offers the benefits of both answering questions and staying silent:

• May reduce adverse-inference risk: If you mention the facts you later rely on, it can help explain your position if your defence is later challenged on silence.^[1]
• Avoids live questioning: You don't have to respond to potentially leading, confusing, or aggressive questions
• Controls the narrative: You decide exactly what information to provide, carefully worded to avoid inadvertent admissions
• Gives you time: Unlike a full interview, you can take time to consider your account properly before committing to it

When Is a Prepared Statement Appropriate?

In my experience representing clients at Kent police stations, a prepared statement works well when:

• You have a clear account to give but want to avoid cross-examination by police
• The disclosure is limited and you want to avoid being trapped by questions about evidence you haven't seen
• You want to establish a defence early (e.g., alibi, self-defence, mistaken identity)
• You're concerned about the way questions might be put or the interview environment
• There's a risk of saying something that could be taken out of context

What Should a Prepared Statement Include?

A good prepared statement typically includes:

• Your version of events relevant to the alleged offence
• Any specific defence you intend to rely on (alibi, self-defence, etc.)
• Key facts that support your account
• A statement that you are making this on legal advice
• A statement that you will answer "no comment" to questions

Importantly, the statement must be accurate and based on your genuine instructions. Your solicitor will help you draft it in a way that is legally sound.

What Happens After Reading the Statement?

After the prepared statement is read:

1. The police will proceed with their planned interview questions
2. You answer "no comment" to each question
3. The interview will be recorded as normal
4. Your solicitor will be present throughout

The police may try to persuade you to answer questions, but you are under no obligation to do so. The prepared statement speaks for itself.

Does a Prepared Statement Stop Adverse Inferences?

A prepared statement can be relevant to adverse inferences, because section 34 CJPOA 1994 is concerned with a failure to mention facts later relied on in a defence.^[1] However, whether an inference can be drawn is fact-specific and depends on what was (and was not) mentioned, and what was reasonable “in the circumstances” at the time.^[1]

• A prepared statement cannot “guarantee” no inference will be drawn.
• If you later rely on a fact that was not mentioned when you could reasonably have been expected to mention it, the court may consider drawing inferences under s.34.^[1]

However, if you raise something at trial that wasn't in your prepared statement, adverse inferences may still be possible for that omission.

Limitations of Prepared Statements

Prepared statements are not always the best approach:

• If you have a strong case and can answer questions well, a full interview may be more persuasive
• Police may interpret the statement differently than you intended
• You can't respond to new evidence the police reveal during interview
• Some courts are sceptical of prepared statements, especially if very short or vague