Should You Always Say No Comment?

What is a voluntary police statement?

A voluntary attendance is a police station interview when the volunteer attends to assist the police with an investigation and they are NOT under arrest.

Volunteers have the right to access independent legal advice and are free to leave the police station at any time unless and until they are arrested..

How do you say no comment?

How To Say No Comment Without Saying No Comment“I don’t have anything to say about that.”“I can not comment on these matters because they are under seal.”“I … have nothing to add to my former answer.”More items…•

Do I have to go to a police interview?

If police suspect you have committed a criminal offence, but you have not been arrested you are not obliged to attend the police station or participate in a record of interview. … NSW Police often refer to the interview as an ERISP, or an Electronic Record of Interview of a Suspected Person.

How do I decline a police interview?

Repeat the statement until the officers stop questioning you.“I refuse to answer any questions until my attorney is present.”“I do not want to talk to you, I want to talk to my attorney.”“I’m invoking my Miranda rights.”“I will not speak to you until I call my attorney.”“I am claiming the right to remain silent.”

Who can legally caution you?

A police caution (since 2005 more properly known as a simple caution) is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. A person may refuse to admit guilt and not accept a caution, but can then be subject to criminal prosecution.

Should you say no comment?

The caution is now: ‘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. … Today, courts can use silence (or no comment answers) as an inference of guilt.

Should I attend an interview under caution?

“You do not have to go to the Interview Under Caution, but if you don’t, it may make it more difficult to explain facts and defend yourself if you are prosecuted.” That sentence seems to be a crude allusion to the fact that in some narrow instances your silence could be used against you in court.

What is a prepared statement police interview?

In simple terms a prepared statement is a document that is prepared during consultation between a suspect and their legal adviser with a view to using it during or after an investigative interview.

What does no comment really mean?

No comment indicates that the speaker does not choose to say anything on the subject, and it is automatically invalidated if the speaker then comments or answers questions. It is not a request for the material to be considered off the record or otherwise kept confidential.

Can you say no comment in a police interview?

Make “NO COMMENT” to all questions. There is no such thing as a friendly chat with a police officer. Everything you say can and will likely be used as evidence. If they interview you, give a “No Comment” interview, unless under explicit advice from a good solicitor to make a written statement.

What is a significant comment?

You should ask the suspect whether they confirm or deny that earlier statement or silence and if they wish to add anything. 34. A significant statement is one which appears capable of being used in evidence against the suspect (e.g. an unsolicited comment relevant to the offence, such as an admission of guilt).

Why do solicitors tell you to say no comment?

There is no magic to the phrase no comment. It 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.

What happens after an interview under caution?

What happens after the interview? Following your interview under caution, you will be free to leave. Sometimes the officer will be able to tell you straight away what is going to happen. Usually, the Police or the Crown Prosecution Service (CPS) will have to consider the case and then decide how to proceed.

Does an interview under caution show on a CRB check?

It should not appear on your DBS and you not have to answer any questions about it. You were not arrested or charged so there should be no record on your DBS.

What does being questioned under caution mean?

A police interview under caution is an interview that is conducted in accordance with the Police and Criminal Evidence Act. … The purpose of the caution is to warn you that although you have a right to remain silent, if you do so a jury may draw what is known as an “adverse inference” at any later trial.