You do not have to say anything

Upon arrest, and prior to a police interview, the police should read aloud the caution as follows:

“You do not have to say anything, but it may harm your defence if you fail to mention something you later rely on in court. Anything you do say may be given in evidence”

What does it actually mean?

1. You do not have to answer the police’s questions if you choose not to – but always seek legal advice before any decision is made

2. If questions are not answered in interview, and a suspect is charged with an offence but raises a defence or explanation at court at a later date, the court can draw an adverse inference against them

3. The police interview will be recorded both audially and visually, and this footage can be played at court

Why this is important?

Prior to any questioning from the police, your legal advisor will have spoken to the police to obtain disclosure regarding the offence and circumstances of which you are to be questioned. Although the police are not obliged to provide any disclosure, our firm will seek to obtain as much information as we can about the allegation made against you. The disclosure will assist us in providing you with legal advice in respect of whether or you not you should answer questions and the consequences of your decision. We will also advise you in relation to the strength or weakness in the police’s case against you.

It is vital to seek legal advice prior to making any decision about whether or not to answer the police’s questions, as there are a number of factors to consider.

If you would like to discuss your case, please feel free to call Tuckers Kent Branch on 0300 303 3883.

…and always remember legal advice and assistance at the police station is completely free of charge.