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

General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA ID: 127795) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.