Refusing a police interview: what it means

You cannot be forced to answer questions. But silence can have legal consequences in some situations, so get legal advice first.

Quick Answer: CJPOA 1994 s.34 is the key statute about adverse inferences where someone later relies on facts they did not mention when questioned under caution (or when charged/informed).[1] You also have a right to legal advice (PACE s.58).[2]

Refusing vs “no comment”

Different choices carry different risks. The exact impact depends on your case and what the police put to you.

  • No comment interview: can still engage CJPOA s.34 depending on later reliance on facts.[1]
  • Prepared statement: can sometimes put an account on record while limiting answers (see our prepared statement guide).

Next steps

Sources

  1. Criminal Justice and Public Order Act 1994 s.34 (adverse inferences from silence in certain circumstances)—https://www.legislation.gov.uk/ukpga/1994/33/section/34
  2. Police and Criminal Evidence Act 1984 (PACE) s.58 (right to legal advice)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
  3. Home Office: PACE Code C (December 2023) – detention, treatment and questioning (PDF)—https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf

Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.