Write perfect custody notes in 3 minutes — Try CustodyNote FreeStart free trial
Log In

Mastering the No Comment Interview Strategy

Master when and how to advise no comment interviews. Avoid s.34 pitfalls, handle police pressure, and protect your client's position.

Interview TechniquesIntermediate✓ Fact-Checked0 viewsUpdated 22 November 2025

Mastering the No Comment Interview Strategy

When No Comment Is Right

Not always the answer - but often the safest.

Use No Comment When:

✓ Weak disclosure - You don't know the full case against client ✓ Complex case - Multiple offenses, lots of evidence to analyze ✓ Vulnerable client - Won't cope with questioning ✓ Client unsure - Their account keeps changing ✓ Overwhelming evidence - But need time to consider admissions ✓ Fishing expedition - Police have nothing concrete

Don't Use No Comment When:

❌ Strong defense - Self-defense, alibi, clear innocent explanation ❌ Simple case - Minor offense, straightforward facts ❌ Client credible - Can handle interview well ❌ Need to establish facts early - Time-sensitive alibi

The s.34 Problem

Section 34 Criminal Justice and Public Order Act 1994

If client fails to mention something when questioned that they later rely on in court, court can draw adverse inferences.

In plain English: "Why didn't you say that earlier if it's true?"

Explaining s.34 to Client

Your words:

"The law says if you don't mention something now that you later use in your defense at court, the jury might wonder why you kept quiet. That could damage your case.

But that doesn't mean you have to answer questions. Sometimes staying silent is still the right move, despite that risk.

My job is to weigh up the risks and advise you."

When s.34 Matters

Matters most:

  • Trial (jury considering credibility)
  • Positive defense (not just denial)

Matters less:

  • Guilty plea (no trial)
  • Weak prosecution case (might not get to trial)
  • Evidence later found (couldn't have mentioned at station)

Avoiding s.34: Prepared Statement

Alternative: Put account on record without answering questions.

How it works:

  1. Write statement together
  2. Client reads it at interview start
  3. Then "no comment" to all questions

Pros:

  • Avoids adverse inference
  • Puts defense on record
  • Limits police questioning

Cons:

  • Commits client to account (hard to change later)
  • Police can still ask questions about statement
  • May reveal defense too early

Preparing Client for No Comment

What to Say

Explain clearly:

"In the interview, I'm advising you to answer 'no comment' to every question the police ask.

This means you don't answer anything. Not even simple questions like your name or address - they already have that.

The police will try to get you to talk. That's their job. They might:

  • Sound friendly
  • Suggest it'll help you
  • Imply no comment means guilt
  • Ask seemingly harmless questions

None of that is true. Stick to 'no comment'.

I'll be there with you. If they ask something improper, I'll intervene.

You have the legal right to silence. Using it is not a sign of guilt."

Practice

Before interview:

"Let's practice. I'll ask you some questions, you say 'no comment'. OK?"

Ask 3-4 sample questions.

Client answers "No comment" each time.

Builds confidence.

Common Client Fears

"Won't I look guilty?"

"No. Lots of innocent people go no comment when the evidence is unclear. It's a legal right, not a sign of guilt."

"What if they charge me because I don't talk?"

"They'll only charge if they have evidence. Talking rarely stops a charge, but often gives them more evidence."

"Won't it help if I explain?"

"Not if they already have enough to charge you. And if your account has problems, you make it worse."

In The Interview Room

Seating

Sit next to client (not across from them).

You're on their side, literally.

Introductions

Police will:

  • Introduce themselves
  • Note time and date
  • Confirm client details
  • Caution client
  • Explain interview process

Your role: Note everything.

The Caution

Exact words:

"You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

Client should confirm they understand.

If not, police must explain again.

Initial Questions

Police always start with:

  • Name
  • Address
  • DOB
  • Occupation

Even these: No comment.

Yes, police already know answers. Point is: Client gives no comment to everything.

Maintaining No Comment

Police tactics you'll see:

1. The Friendly Approach "We just want to hear your side..." "This is your chance to explain..." "Help us understand..."

Response: No comment.

2. The Pressure Approach "Your co-accused is talking..." "We have CCTV showing..." "This is your last chance..."

Response: No comment.

3. The Hypothetical "If someone were to say..." "In a situation where..."

Response: No comment.

4. The Trick Question "So you're saying you didn't do it?"

If client says "yes" or "no" - they've broken no comment.

Response: No comment.

When to Intervene

Stop interview if:

  • Oppressive questioning
  • Client getting upset
  • Improper questions (character attacks, irrelevant matters)
  • Significant new disclosure
  • Break needed

How:

"Excuse me officers, can we pause? I need to consult with my client."

Leave room. Reassure client. Return when ready.

Common No Comment Challenges

"Client Cracked"

Halfway through interview, client starts answering.

What to do:

  1. Intervene: "Can we pause for a moment?"
  2. Private consultation
  3. Remind client of advice
  4. Assess if answers have damaged case
  5. Advise whether to continue or revert to no comment

It happens. Police pressure works sometimes.

Disclosure During Interview

Police reveal new evidence mid-interview.

You can:

  • Request break to consider it
  • Consult with client
  • Reassess advice
  • Change approach if necessary

You're allowed to adapt.

Officer Criticism

Some officers say:

"Your client's not helping themselves..." "Innocent people don't go no comment..." "You're obstructing our investigation..."

Ignore it.

Your duty is to client, not police investigation.

Professional response:

"My client is exercising their legal right to silence on my advice. Please continue."

After Interview

Debriefing Client

When interview ends:

"You did well. Sticking to no comment was the right call."

Reassure them.

Explain next steps:

  • They'll be released (bail/RUI) or charged
  • What each outcome means
  • How to contact you

Recording

Get copy of interview recording.

Essential for:

  • Your file
  • Later review
  • Court preparation
  • Proof of what was said

When No Comment Goes Wrong

At Trial

Prosecution will say:

"The defendant gave no comment at interview, despite being given the opportunity to explain. You may think that's because they had no innocent explanation."

Defense response:

"My client exercised their legal right on legal advice. Silence is not evidence of guilt."

s.34 direction:

Judge may direct jury they can draw adverse inference if:

  • Client now relies on facts not mentioned
  • They could reasonably have mentioned them
  • No good reason for silence

But: "Legal advice to stay silent" = good reason.

Protecting Against s.34

If you advise no comment:

Document it:

  • Why you gave that advice
  • What factors you considered
  • That you explained s.34
  • Client understood and accepted advice

Your note protects:

  • Client (legal advice defense)
  • You (proof of proper advice)
  • Firm (professional standards)

Advanced: Prepared Statement

When to Use

Perfect for:

  • Client has good account but complex case
  • Want to avoid s.34 but not risk questioning
  • Self-defense cases (need to state early)
  • Alibi cases (preserve account)

Writing the Statement

Keep it:

  • Short (1-2 pages max)
  • Factual (not argumentative)
  • Clear (no ambiguity)
  • Defensible (don't include things you can't prove)

Structure:

  1. Client name and case details
  2. Brief account of events
  3. Key facts of defense
  4. "I'm not answering questions on legal advice"

Delivering the Statement

At interview start:

"My client will read a prepared statement. After that, they'll answer 'no comment' to all questions."

Client reads statement clearly (or you read if they're struggling).

Then: No comment to everything.

Risks

You've committed client to account:

  • Hard to change later
  • Police can pick holes in statement
  • May reveal too much

Only use if: Account is solid and unlikely to change.

Final Advice

No comment is a tool, not a default.

Some cases need full answers. Some need silence. Some need prepared statement.

Your skill: Knowing which to use.

With experience, you'll instinctively know.

For now: When in doubt, no comment is safer.

You can always give an account later. You can never unsay something.

Protect your client first 🛡️