Mr Gias Uddin
Senior Criminal Defence Solicitor
Yes, you can usually remain silent if the police ask you questions. However, the legal consequences depend on the circumstances. If you are simply stopped in the street, you are often free not to answer questions. If you are interviewed under caution, remaining silent is still your legal right, but it may affect your defence if you later rely on facts that you failed to mention during questioning. Before deciding whether to answer questions or say "no comment", you should always obtain legal advice.
Can I remain silent if the police ask me questions? This is one of the most common questions people ask after being stopped by the police or becoming involved in a criminal investigation. As a senior criminal defence solicitor with over 15 years of experience representing clients across England and Wales, I have seen first-hand how a person's response during those crucial early moments can shape the entire direction of a case.
Many people believe they must answer every police question. Others think they should always reply "no comment". Neither approach is correct in every case. The truth sits somewhere in the middle, and the right answer depends entirely on your circumstances.
Whether remaining silent is the right decision depends on why the police are speaking to you, whether you are under arrest, and whether you are being interviewed under caution. Understanding your rights at an early stage can have a significant impact on the outcome of your criminal case.
Yes. If the police stop you to ask general questions, often called a stop and account, you are usually not legally required to answer. Unless the officer is exercising a specific legal power, you are generally free to remain silent and, in many situations, leave.
Police may ask questions such as:
You can politely ask: "Am I being detained, or am I free to leave?" If you are not being detained, you will usually be free to walk away.
Related pages
Yes. If you are lawfully stopped and searched, you do not normally have to answer questions about where you have been, where you are going, or what you are carrying. However, your decision not to answer will not prevent the search from taking place.
Before searching you, the officer should explain:
Yes. If you are interviewed under caution, whether after arrest or during a voluntary interview, you have the legal right to remain silent. However, this right is qualified in England and Wales.
The Police Caution
"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."
Before questioning begins, the police will normally give the standard caution. This means that remaining silent can sometimes have legal consequences.
An adverse inference is a conclusion that a court may draw if you remain silent during a police interview but later rely on facts or an explanation that you could reasonably have mentioned when questioned.
Section 34 of the Criminal Justice and Public Order Act 1994 allows a court, in certain circumstances, to consider why important information was withheld until trial. Remaining silent does not mean you are guilty. However, it may weaken your defence depending on the facts of the case.
Read the legislation: Section 34, Criminal Justice and Public Order Act 1994
No. A "no comment" interview is sometimes the correct legal strategy, but it is not suitable for every investigation.
A criminal defence solicitor may advise you to:
The right approach depends on the available evidence, the allegation, and your personal circumstances.
Related pages
If you are arrested, you still have the right to remain silent. More importantly, you have the right to free and independent legal advice before any interview takes place.
What to say at the police station
"I would like to speak to a solicitor before answering any questions."
You should not feel pressured into answering questions before obtaining legal advice.
Yes. Scotland has a different criminal justice system. Unlike England and Wales, Scottish courts generally cannot draw an adverse inference simply because a suspect remained silent during police questioning.
If your case relates to Scotland, you should seek advice from a solicitor qualified in Scottish criminal law.
If the police ask you questions, following a few simple steps can help protect your legal position.
| Step | What You Should Do |
|---|---|
| 1 | Stay calm and remain polite. |
| 2 | Ask whether you are free to leave. |
| 3 | Do not guess or speculate. |
| 4 | Never provide false information. |
| 5 | Request a solicitor before any formal interview. |
| 6 | Follow your solicitor's advice throughout the investigation. |
Your rights when arrested: GOV.UK – Arrested Your Rights
CPS Guidance: Crown Prosecution Service – Adverse Inferences
The right to remain silent is an important safeguard in the criminal justice system, but it should never be exercised without understanding the possible consequences. What is appropriate during a casual conversation with the police may not be appropriate during a formal interview under caution.
If you are being investigated, arrested or invited to attend a voluntary interview, seek legal advice before answering questions. A specialist criminal defence solicitor can assess the evidence, explain your rights, and advise on the approach that best protects your interests.
If the police have asked to interview you, arrested you, or contacted you about a criminal investigation, contact our experienced criminal defence solicitors immediately.
We provide 24-hour police station representation, legal aid where available, voluntary interview advice, and expert representation in the Magistrates' Court and Crown Court throughout England and Wales.