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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.

no comment police interview

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.

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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 would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.

Maura O'Flynn

Very good from start to finish and I got the best result possible.

Andrew Chapman

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.

Mr C. Pilkington

 

Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.

Mercure Telford Madeley Court Hotel

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.

Bris Heating

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.

Mr Singh

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.

Jodie Wood

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.

Mr. Heaney

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.

Mr J. McBrearty

I was very pleased with the service I received from Kang & Co kept me informed of everything that was happening with my case dealing with Patrick on the phone was very pleasant also the barrister Mr. Walker they instructed for my case was excellent. Definitely recommend this company.

Michael

I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.

Alan

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.

Jane Longstaff

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.

Anonymous

I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.

Mrs Noone

Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.

Matthew Nutt

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.

Mrs K

I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.

Mr Khan

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.

Zaynab Moloo

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 .

T. Singh

Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.

Robert Morris

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.

Miss P

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.

Helen B

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.

Ken

 

Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.

Fusion Personnel

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!

Howard Jacobs

 

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.

Margaret Clarke, BA, CIPD

Manjinder and the team at Kang & Co are absolutely fantastic. From my first 10 minute consultation right through to the final outcome I felt like I was in great hands. The team asked everything they needed from me and formed a defence for my case. I don’t feel like I could of done it without the team at Kang & Co.

Stephen McC

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.

James

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.

Francis Drew

Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.

Dr. Lotsu

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

330 High Holborn
London
WC2A 1HL

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
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"Your knowledge and dedication significantly contributed to achieving a favourable outcome . I greatly appreciated your ability to explain complex legal concepts in a simple and understanding manner.  I am extremely satisfied with the quality of your work and the level of dedication ."

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Highly Recommend

"Kang & Co were excellent from the moment I appointed them as my Solicitors. They explained everything to me and were very helpful. The solicitor appointed was brilliant and she helped me get the best possible outcome from my case. I highly recommend Kang & Co."

J. Smith, TrustPilot

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 330 High Holborn in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

330 High Holborn Kang and Co Solicitors London

London Office

330 High Holborn
Holborn
London
WC2A 1HL

the pinnacle office

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes
MK9 1BP

Business Hours

Monday - Friday
09:00 - 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

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