No Comment Police Interview
Exercising Your Right to SIlence at The Police Station
The specialist Motoring Law & Criminal Law team of Solicitors and Barristers at Kang & Co Solicitors are at hand to represent for a Police interview at the station, if you are being investigated for a driving or criminal offence.
We regularly represent clients being investigated for motoring offences such as Death by Dangerous Driving, Death by Careless Driving, Dangerous Driving, Careless Driving and Drink Driving.
We also reguarly represent clients being investigated for criminal offences such as ABH, Common Assualt, GBH, Theft, Business Crime and Fraud amongst other offences.
If you have been called to attend a voluntary police station interview under caution, then you should instruct a specialist motoring solicitor to represent you during your police station interview. Our team of expert lawyers are here to help and can provide you with a preliminary no obligation assessment, they can be contacted by sending a message via our contact form or by calling 0345 222 9955 and one of our lawyers will speak to you about your case within 48 hours.
If you are due to attend the police station, it’s crucial that you act fast and instruct an experienced motoring law solicitor to represent and safeguard your legal rights at the police station.
You should not use or attempt to use the information contained within this page to represent yourself at the police station, you should instruct a suitably qualified motoring solicitor or ask for the Legal Aid duty solicitor at the police station.
The Police Station Interview
A Police Officer has the right interview a person he thinks useful information can be obtained from, when investigating a potential criminal offence. A person’s decision not to answer police questions (no comment) or unwillingness to go into an interview does not change the right to interview.
At the commencement of the police station interview, the interview is recorded on a digital disk and the police officer will caution the suspect, the caution is then explained to the suspect.
If the police have enough evidence to charge a suspect without an interview, then in such circumstances an interview may not take place, as the police do not require any further evidence. An example of this is usually Drink Driving, as evidence from the intoxilyzer machine will usually be sufficient to authorise a Drink Driving charge, therefore the police may not deem it necessary to conduct a police interview.
The Options Available During the Police Interview
In a police interview, a suspect can progress in the following manner:
- Provide a ‘no comment’ interview (exercise their right to silence)
- Answer some police questions
- Answer all police questions
- Make a prepared statement
The course of action to take is individual and a ‘one size fits all’ approach is not appropriate. It is crucial that the correct decision is made at the police interview so that the correct foundation can be created for the case, should the case progress to trial. It is crucial that you instruct a solicitor to represent you at the police station as your lawyer will be best placed on the correct course of action to take.
Adverse Inferences From a ‘No Comment’ Interview
A suspect is entailed to remain silent during a police interview or answer ‘no comment’ however, the is an important condition attached to remaining silent, this is also known as an ‘adverse inference’
The Court could draw an adverse inference if a suspect is being questioned by the police and the suspect does not mention a fact which he relies upon in his defence (because the suspect exercised their right to silence) and it was in the circumstances existing at the time reasonable for the suspect to have mentioned the fact when questioned.
An example of this would be a person being interviewed for dangerous driving, that person provides a ‘no comment’ interview and at trial raises a defence of mistaken identity. The Court is less likely to believe the defence, as such a crucial point would have been within the knowledge of the suspect during the interview, and therefore the defence should have been place on record at the police interview.
Therefore, in certain circumstances providing a ‘no comment’ interview can be detrimental if the matter progresses to trial and a defence is raised at later stage.
Advantages of Answering ‘No Comment’
The clear advantage of not answering police questions during an interview is that a suspect would not add strength to the prosecution case, which in certain circumstances may leave the prosecution with insufficient evidence to charge a suspect with a criminal offence. However, taking this course of action may result in an adverse inference and may weaken a defence if the matter progresses to trial.
Innocent Explanation for Remaining Silent
An adverse inference for remaining silent will not arise at Court, if an innocent explanation for remaining silent can be given to the Court.
The innocent explanation must be supported by admissible evidence and this would usually be recorded onto the custody record at the time of the interview via submissions made by the solicitor at the police station.
Example of innocent explanations for remaining silent are assessed on a case by case basis however, the Court is unlikely to draw an adverse inference if the police failed to disclose adequate information about the case to the solicitor which may result in the solicitor being unable to give appropriate advice to the suspect
The work our lawyers carry out at the police station is the first stage of any criminal case, and for that reason it is crucial that the correct foundation is in place to protect and safeguard our clients.
Our team of expert lawyers are operate out of offices in Birmingham, London and Milton Keynes and we represent clients at police station nationwide.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
A great experience with Kang & Co Solicitors. Fast and professional communications and excellent representation in court with a good outcome.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
I would highly recommend Kang & Co and in particular Manjinder Kang. He was very professional, provided excellent advice ending in a positive outcome. Thank you.
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
This was the first time ever I had to appear in court for totting up points on my license and had no knowledge of how it works. Megan was the most reassuring face on the day of my court attendance and was very lovely and supportive throughout. Even if I had faced a driving ban, I would still recommend Kang & Co as they definitely are experts in their field and will do their utmost to helpful. I was amazed at how smoothly everything went.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
This was even better than the best possible outcome I was expecting as no ban, no points and no fine. I cannot recommend Kang & Co solicitors enough; they were fantastic and worth every single penny. I would have no hesitation at all in recommending them to anyone who needs their services. Excellent legal advice, excellent and professional customer service, outstanding legal representation.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.