- Arrested or Detained
Your Right to Silence
You have a fundamental legal right not to answer questions in a police interview. Understanding when and how to exercise this right is one of the most important decisions you will make.
The legal basis
The right to silence derives from the common law principle that no one is required to incriminate themselves. It is enshrined in PACE 1984 and the caution itself. No one can compel you to answer questions in a police interview.
The adverse inference risk
Since the Criminal Justice and Public Order Act 1994, courts may in some circumstances draw an ‘adverse inference’ if you fail to mention something in interview that you later rely on in court. This does not mean you should always speak — it means you must make this decision with expert legal advice.
When remaining silent is the right choice
- When the police have not disclosed the evidence they hold against you
- When there is a risk your answers could be misunderstood or taken out of context
- When the allegation is serious and you need time to prepare a considered response
- When you have not yet had an opportunity to review the relevant evidence
When speaking may be appropriate
- When you have a clear, documented alibi that can be immediately verified
- When the matter is a straightforward misunderstanding with an obvious explanation
- Always only after full consultation with your solicitor
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