"No comment" interviews

[HellonHeels]

Just watching a crime investigation documentary. Wondering why suspects do a "no comment" interview.

Why not just say nothing? Do you have to answer the questions? Is it easier to say no comment than not to respond at all?

They do it because it’s up to the police to prove your guilt.

When my ex was arrested for domestic violence I was told by the police that he answered no comment in the interviews. They told me this is what the solicitors will advise when there is a likelihood that anything they do say may lead to an admission of guilt.

Because it’s for the prosecution to prove your guilt, not for you to prove your innocence. The second you say anything, you give them an opportunity to catch you in a lie that they can tell a jury about.

Some interviewees do say nothing at all.

The question isn't why people dont answer questions but why they bother to say no comment rather tgan staying silent

Is it easier to say no comment than not to respond at all?

They need actual answers for the recordings (so no shaking/nodding head without a verbal response either).

Added to that, sitting in silence is hard. People generally feel uncomfortable and try to fill it. "No comment" gives you the "relief" of having answered the question and filling your side of the social contract, while also not giving anything away. It's also a firm indication you won't give anything substantive answer so they might as well move on.

I always thought this was done on solicitors advice.

"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."

I've never got the "it may harm your defence" bit. If you say "No comment" when asked a question but then mention it in your defence, how does that harm your defence?

Because their brief tells them to do it

Clearly AI knows

Here's a breakdown of how it can harm your defense:
Inferences Drawn:
If you don't mention something during questioning that you later use as part of your defense, the prosecution can argue that your silence suggests guilt or that your story is inconsistent.

Weakened Credibility:
Not providing information during the initial police interview can make it seem like you're trying to hide something or that your story is not truthful, which can damage your credibility in court.

Admissible Evidence:
Anything you say during the police interview, including silence, can be used as evidence against you in court.

Police Caution:
The police caution, which you are read before questioning, explicitly states that not mentioning something during questioning that you later rely on in court "may harm your defence".

Example:
If you are questioned about your whereabouts on the night of a crime, and you later claim in court that you were at a specific location, but you didn't mention that location during the police interview, the prosecution can argue that your story is inconsistent and that you were trying to hide something.

Seeking Legal Advice:
It's crucial to seek legal advice from a solicitor as soon as possible if you are arrested or questioned by the police, as they can advise you on your rights and how to proceed

Because later on if they come up with a story in court, the prosecution can say, if that was the case why didn't you say so when interviewed? So it undermines something they say later on and makes it look like they made it up. Whereas if their story is consistent in interview and then in court it makes it seem more likely they are telling the truth.

As far as I can tell on call lawyers tend to advise no comment interviews where it seems likely they are guilty and don't have a good explanation, or where they are liable to incriminate themselves through ignorance/naivety etc.

I think the OP is asking why do they keep saying no comment rather than just sitting in silence, not the pros and cons of a no comment interview.

I think it’s as simple as being a way of keeping the process moving along, another way of saying ‘I’m not answering, next…’ if you were just totally silent that would be even more awkward for everybody.