This essentially means that you are not obliged to speak to the police when you are being interviewed. You are entitled to say ‘no comment’ to each question if you choose to but if you respond to any of the questions that are put to put you during the interview may be used as evidence against you in any subsequent criminal proceedings.
However, if you remain silent and the case proceeds to trial and you then rely on information that you did not mention in interview, the court can make an ‘inference’ from your silence. For example, the court could draw a negative conclusion that you remained silent in your interview at the police station because you did not have an adequate explanation for your conduct or you have fabricated the facts that form your defence at trial after being charged by the police.
There are times when silence is the best response, despite the threat of adverse inference. For example, when inadequate pre-interview disclosure is provided, it can make advising the client difficult. Consequently, it may be in the client’s best interests to remain silent in such circumstances. Remaining silent upon legal advice does not automatically avoid the later application of an inference being considered; it will be a question for the court whether it was reasonable in all the circumstances to rely upon such advice. The court will therefore only draw an inference if it is reasonable to do so and in any event the inference alone cannot be the sole basis for a guilty verdict.
You need an experienced criminal defence lawyer on your side, right from the outset, to defend your rights and obtain the best result for you.
Contacting us Parslows Criminal Defence Lawyers when you get arrest increases the opportunity to resolve the matter quickly and discreetly.
Whether or not you should exercise your right to silence is something that you think about carefully, with the benefit of legal advice. Each case is individual and fact dependant and the aim should be to arrive at a decision which is best for you, in the particular circumstances of your case.
If you are arrested, don’t qualify for legal aid and you wish to discuss your rights, please give us a call on 630530.
Lorraine McClure | Head | Criminal Defence lawyers
For further information please do not hesitate to call 630530 or email us on firstname.lastname@example.org
How Parslows Jersey criminal defence lawyers can help
If you are charged with an offence and find you are not eligible for Jersey legal aid contact Advocate Lorraine McClure on 630530. It is important to seek professional legal advice at the earliest opportunity to ensure that you are fully prepared before attending police interview and/or answering any police questions. Our team of expert criminal defence advocates are on hand to assist