what is the best way to phrase "no comment" when the press wants a statement?
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The no comment interview – your right to silence
In that location is no magic to the phrase no annotate. Information technology is simply a device for a suspect to indicate that they have no intention of answering police questions. It allows the police to put questions and the interview to progress easily. An culling would exist to stay mute for the duration of the interview, only that would merely prolong matters!
Communication on your decision to answer no comment
The decision whether to reply police force questions or make no comment replies in police interview tin can be a hard i. There are many unlike considerations to residual. Since the changes brought in by the Criminal Justice and Public Gild Act 1994 many more suspects are advised to answer police questions than previously.
This Act allows Magistrates' or a jury to draw conclusions from a no comment interview in certain circumstances. At that place are four conditions, including whether an accused failed to mention a fact afterward relied on in their defence and whether it was reasonable at the time for the defendant to take mentioned this fact in interview or on charge.
Our advice is subject to legal privilege and cannot be disclosed
In that location is still, however, a identify for the no comment interview but you are best advised to seek costless and independent legal advice from a specialist solicitor or accredited police station representative earlier making the decision not to respond questions in police interview. Equally we are entirely contained of the police any communication suggesting that you respond no comment to police questions will be in your best interests.
Any communication that we give to you and your instructions that allow us to give that advice are confidential and subject to legal privilege. Nosotros tin just disembalm your instructions and our legal advice with your permission.
Your police station representative will always make a note of the instructions that you give, and so even if you make 'no comment' replies they tin give evidence to the court if necessary to show that you haven't fabricated up a defence force once yous are charged and papers are served.
Our advice will always be tailored to the circumstances of your instance
Our constabulary station advisers know that each case will turn on its ain facts. Our communication will balance whatever risks and benefits to you of a no comment interview. Y'all will be fully advised of the advantages and disadvantages of such a grade of action to allow you lot to make a last conclusion.
Opportunity for a confidential consultation nigh the bear witness
Before providing communication assuasive you to make that conclusion your legal representative volition always seek a confidential discussion with you about the evidence. That will allow them to take your instructions in private and give yous advice. It could be that the police choose not to provide the private facilities necessary. That in itself could mean that a total discussion of the allegations is not possible and a no comment interview would exist advised.
Your police station solicitor will be alive to factors that might affect whether you should answer questions – these could include youth, mental vulnerability, a hearing or speaking disability, poor command of linguistic communication, a astringent nervous state or other status.
What if I am guilty of the allegation?
It may exist that although you lot are guilty of the offence the police may not have enough evidence to put before a court to convict you without your admission. There might exist concerns about the level of disclosure of evidence from the police which could propose that the show to convict yous only isn't there. Every bit a suspect is 'innocent until proven guilty' you are perfectly within your rights to choose not to answer questions.
Alternatively, it might be that the constabulary practice not know the full extent of your offending and answering questions would brand matters far worse for y'all. Once more, this would exist a valid reason for replying no comment to police questions in interview.
As the caution but talks about inferences rather than any benefit of an early access, the Court of Appeal has stated that you cannot lose disbelieve for early guilty plea on the ground of a no comment interview.
Our free and independent legal advice will balance these considerations against other concerns that you might accept.
If you admit the offences in police interview then you will accept the do good of demonstrating remorse for your offending. Truthful remorse can significantly reduce whatsoever sentence that you receive. The greatest demonstration of remorse might be the strongest evidence it is genuine.
Alternatively, an early admission might mean that a prosecution can be avoided and you can be diverted from the court system. To receive a caution or a restorative justice disposal an access will normally be required from you lot.
What if I have a defence to the charge? Shouldn't I tell the police?
In that location may be a number of reasons why you would choose not to answer questions if you lot are innocent of the charge. For example
- Yous may know who the true culprit is but not want to name them
- Your defense might involve admissions to some other dissentious or embarrassing comport but that is not illegal
- We are unable to fully advise you as the police have not given us plenty data almost your case
- The example is too complex or one-time to provide an immediate response
Other factors that might exist relevant could include:
- Your country of mind at the time of interview. Mayhap you were suggestible or in a state of shock?
- You might exist easily dislocated and liable to make mistakes in your account
- There is a demand to refer to data that isn't to hand in police interview to cheque an alibi
- We place that in that location is some other skilful reason why you might not come over well in police interview
Our specialist police force station advice volition include whether there is a skilful reason for making no annotate in interview, including whether a prepared statement should exist used instead to command the way in which the law are told about your defence.
We will advise you equally to whether in that location are probable to exist issues of admissibility at courtroom relating to such matters as comment that you have made to the police upon arrest or whatsoever informal identification that might mean you should exercise your correct to silence.
Always seek our free and contained legal advice in police interview
As y'all tin can see there are many factors that affect a determination whether to reply questions in police force interview or respond no comment to any questions put. Information technology is vital that y'all seek our advice which is free of charge earlier you commit to a determination that could provide the evidence to secure a conviction or lead to bug in any future court instance.
A number of other benefits to seeking legal communication can be found here.
We provide nationwide advice and assistance in the police station from our offices beyond the E Midlands. Yous can detect your nearest office here. Our practiced representation is available 24 hours a day, seven days a week.
Alternatively you can use the contact course below:
Contact
Source: https://vhsfletchers.co.uk/no-comment-interviews/
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