The Police Interview

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In England and Wales, when you're arrested or voluntarily interviewed under caution, the police must read you a formal caution, which states:

“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.”

This caution explains how your silence or words could affect your case.

Key Points About the Caution:

1. You Have the Right to Remain Silent:

- The first part, "You do not have to say anything," confirms that you're not required to answer police questions. It’s your right to stay silent, and the police cannot force you to talk.

2. But Silence Can Harm Your Defence

- The second part, "But it may harm your defence," warns that if you remain silent and later introduce new facts in court (like an alibi), the court might view this with suspicion. Your silence could make your defence seem weaker.

3. Anything You Say Can Be Used as Evidence:

- The last part, "Anything you do say may be given in evidence," means anything you say to the police can be used against you in court, which is why it’s important to be cautious with your words.

Should You Stay Silent or Speak?

Whether you should remain silent or speak depends on the situation, but here are some general guidelines:

1. Get Legal Advice:

- Always request a solicitor before answering police questions. Legal advice is free at the police station, and a solicitor will help ensure you don’t accidentally harm your case.

2. If You're Unsure, Silence Might Be Safer (Initially):

- If you're unsure or nervous, it might be best to remain silent until you've had the chance to consult with a solicitor. You don’t want to say something that could be used against you, even if it’s a mistake.

3. Speak When You Have a Clear, Legitimate Defence:

- If you have a clear and legitimate defence, such as an alibi, it’s often best to mention it early. If you fail to disclose key facts when questioned and try to rely on them later in court, it could damage your defence.

4. Silence Isn’t Automatically an Admission of Guilt:

- Remaining silent doesn’t mean you're guilty, and the court won’t assume this. The police still have to prove your guilt based on evidence.

The Risks of Silence

Under the Criminal Justice and Public Order Act 1994, courts can draw adverse inferences from your silence in certain situations. This means the court may be suspicious if you bring up new information later that you didn’t mention during questioning. However, they can only do this if:

- You were informed of the consequences of staying silent.

- You later bring up facts that could have been mentioned earlier.

Conclusion

You have the right to remain silent, but silence could harm your defence if you introduce key information later in court. The best thing you can do is seek legal advice as soon as possible. A solicitor can guide you on whether to remain silent or present your defence early. Criminallawyers4u will offer you that advice 24/7 on 07922247999