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A guide to “No Comment” police interviews



A guide to “No Comment” police interviews

By Dark Politricks

Being arrested isn’t a whole lot of fun but it’s a whole world away from doing time at her majesties pleasure, and one of the most important factors which can turn an arrest into a conviction is the police interview and how you handle it.

Being interviewed, although not much fun in itself, can be seen in a good light when taken in context to how the police work. This is because it means the Police don’t have enough evidence on their own to charge with you an offence and are seeking to gather more incriminating evidence or even a confession from an interview.

The chances are that if you have been arrested for public order offenses or drunk and disorderly or other escapades leaving a nightclub you won’t get interviewed.

Instead you will be given free board in the cells and a court date in the morning. The reason for this is that you have committed your crime in front of witnesses (probably police officers) and they already have enough evidence at that point to charge you with an offence.

So if you have been nicked and the police do want to conduct an interview with you there is a good chance that they don’t have enough evidence at this point to charge you and they are hoping you will either confess all during the taped interview or slip up and incriminate yourself in some way that can be used against you.

I was taught the following lesson the hard way, but it’s one that should be memorised especially if you believe that one day the police may come knocking on your door:

Admitting anything in interview is doing the police’s job for them.

The reason why becomes very clear once you realise that there are multiple stages that someone will pass through once they have been arrested.

Once you understand the various hoops the legal process jumps through on the way to court you will see how much sense it makes to do a no comment interview even with the changes to the law passed in the much hated Criminal Justice and Public Order Act 1994.

Remember never to talk to the police until your solicitor arrives and then you can at least tell the court if asked why you gave a no comment interview that you did so on the advice of your brief.

Once arrested the police have to decide whether or not they have enough evidence to charge you with a crime. If they are interviewing you then they are looking for you to either confess to the crime or implicate yourself or others in said crime. If the police believe there is not enough evidence at this stage to proceed with then you might get let off without being charged or you might be released on police bail to return to the station at a later date.

If you are released on police bail then this means they are still looking into the crime and weighing up whether or not they have a good enough chance of prosecuting you.

This is where the Crown Prosecution Service comes in and their job is to decide whether the evidence gathered by the police is enough to mount a successful prosecution as well as deciding whether or not it is in the public interest to proceed. You can read about the guidelines that the CPS have to use when making their decision in the following document titled The Code For Crown Prosecutors.

If the CPS believe that their is insufficient evidence to mount a successful prosecution then they have the power to discontinue any existing prosecution and if you haven’t been charged yet then you would be informed that no further action is to be taken (NFA) on the matter. Receiving an NFA letter through the post is almost as good as winning the lottery.

Even if the CPS do continue the prosecution you will have the chance to tell your side of the story in court either in front of a magistrate or for more severe crimes in front of a Judge and Jury.

Therefore you can see how by doing the police’s job for them by talking during an interview is not in your best interest as it can give both the Police and the CPS everything they require to proceed with a prosecution.

A No Comment interview is always in your best interest.


This article has been taken from www.schnews.org.uk and is a guide to handling yourself in a police interview.

NO COMMENT – THE DEFENDANT’S GUIDE TO ARREST

If you think you might one day run the risk of being arrested, you must find out what to do in that situation. If prison, fines, “community service”, etc don’t appeal to you, by following this advice you can massively reduce the risk of all three. In the police station, the cops rely on people’s naivety. Wise Up.

When you have been arrested:

You have to give the police your name, address and date of birth. They also have the right to take your fingerprints, photo and non-intimate body samples. The Criminal Justice and Public Order Act 1994 has now removed the traditional “right to silence”. However, all this means is that the police/prosecution can point out your refusal to speak to them, when the case comes to court, and the court may take this as evidence of your guilt. The police cannot force you to speak or to give a statement, whatever they may say to you in the station. Refusing to speak cannot be used to convict you by itself. It’s yet to be seen how the police will use this change in the law, but we reckon the best policy if you want to get off is remain silent. The best place to work out a good defense is afterwards, with your solicitor or witnesses, not under pressure in the hands of the cops. If your refusal to speak comes up in court, the best defense we think is to refuse to speak until your solicitor gets there, then get them to agree to your position. You can then say you acted on legal advice. Keeping silent is still the best thing to do in police custody.

Q: What happens when I get arrested?

When you are arrested, you will be taken to a police station. You will be asked your name, address and date of birth. Your personal belongings will be taken from you. These are listed on the custody record and usually you will be asked to sign that the list is correct. You should sign immeciately below the last item, so that the cops can’t add something incriminating to the list. You should also refuse to sign for something which isn’t yours, or which could be incriminating. You will then be placed in a cell until the police are ready to deal with you.

Q: When can I contact a solicitor?

You should be able to ring a solicitor as soon as you’ve been arrested. Once at the police station it is one of the first things you should do, for two reasons:

  1. To have someone know where you are
  2. To show the cops you are not going to be a soft target; they may back off a bit

It is advisable to avoid using the duty solicitor as they are often either crap or hand in glove with the cops. It’s worth finding the number of a good solicitor in your area and memorising it. The police are wary of decent solicitors. Also, avoid telling your solicitor exactly what happened; this can be sorted out later. For the time being, tell them you are refusing to speak. Your solicitor can come into the police station while the police interview you: you should refuse to be interviewed unless your solicitor is present.

Q: What is an interview?

An interview is the police questioning you about the offences they want to charge you with. The interview will usually take place in an interview room in the police station. An interview is only of benefit to the police. Remember they want to prosecute you for whatever charges they can stick on you. An interview is a no-win situation. For your benefit, the only thing to be said in an interview is “No Comment”. Remember, they cannot legally force you to speak.

Q: Why do the police want me to answer questions?

 

If the police think they have enough evidence against you they will not need to interview you. In most public order arrests they rely on witness statements from 1 or 2 cops or bystanders, you won’t even be interviewed.

The police want to convict as many people as possible because:

  1. They want to convict you to make it look like they’re doing a good job at solving crime. The “clear up rate” is very important to the cops, they have to be seen to be doing their job. The more crimes they get convictions for, the better it looks for them.
  2. Police officers want promotion, to climb up the ladder of hierarchy. Coppers get promotion through the number of crimes they “solve”. No copper wants to be a bobby all their life.

A “solved” crime is a conviction against somebody. You only have to look at such cases as the Birmingham Six to understand how far the police will go to get a conviction. Fitting people up to boost the “clear up rate”, and at the same time removing people the cops don’t like, is a widespread part of all police forces.

Q: So if the police want to interview me, it shows I could be in a good position?

Yes – they may not have enough evidence, and hope you’ll implicate yourself or other people. And the easy way to stay in that good position is to refuse to be drawn into a conversation and answer “No Comment” to any questions.

Q: But what if the evidence looks like they have got something on me? Wouldn’t it be best to explain away the circumstances I was arrested in, so they’ll let me go?

The only evidence that matters is the evidence presented in court to the magistrate or judge. The only place to explain everything is in court. If they’ve decided to keep you in, no amount of explaining will get you out. If the police have enough evidence, anything you say can only add to the evidence against you. When the cops interview someone, they do all they can to confuse and intimidate you. The questions may not be related to the crime. Their aim is to soften you up, get you chatting. Don’t answer a few small talk questions and them clam up when they ask you a question about the crime, it looks worse in court. To prosecute you, the police must present their evidence to the Crown Prosecution Service. A copy of the evidence will be sent to your solicitor. The evidence usually rests on very small points: this is why it’s important not to give anything away in custody. If they don’t have enough evidence the case could be thrown out of court or never even get to court. This is why they want you to speak. they need all the evidence they can get. One word could cause you a lot of trouble.

Q: So I’ve got to keep my mouth shut. What tricks can I expect the police to pull in order to make me talk?

The police try to get people to talk in many devious ways. The following are some pretty good examples, but remember they may try some other line on you.

THESE ARE THINGS THAT OFTEN CATCH PEOPLE OUT. DON’T GET CAUGHT OUT.

  • “Come on now, we know it’s you, your mate’s in the next cell and he’s told us the whole story”
    If they’ve got the story, why do they need your confession? Playing co-accused off against each other is a common trick as you have no way of checking what another person is saying. If you are up to something dodgy with other people, work out a story and stick to it. Plus you can’t be convicted just on the word of a co-accused.
  • “We know it’s not you, but we know you know who’s done it. Come on Jane, don’t be silly, tell us who did it”
    The cops will use your first name to try and seem as though they’re your friends. If you are young they will act in a fatherly/motherly way, etc.
  • “As soon as we find out what happened you can go”
    Fat chance!
  • “Look you little bastard, don’t fuck us about. We’ve dealt with some characters, a little runt like you is nothing to us. We know you did it, you little shit, and you’re going to tell us”
  • “What’s a nice kid like you doing messed up in a thing like this?”
    They’re trying to get at you.
  • “We’ll keep you in until you tell us”
    Unless they charge you for a “serious offence” they have to release you within 24 hours. Even if you are suspected of a “serious offence” you have the right to a solicitor after 36 hours, and only a magistrate can order you to be held without charge for longer.
  • “You’ll be charged with something far more serious if you don’t answer our questions, sonny. You’re for the high jump. You’re not going to see the light of day for a long time. Start answering our questions cos we’re getting sick of you”
    Mental intimidation. They’re unlikely to charge you with a serious charge that won’t stick in court. Don’t panic.
  • “My niece is a bit of a rebel”
  • “If someone’s granny gets mugged tonight it’ll be your fault. Stop wasting our time by not talking”
    They’re trying to make you feel guilty. Don’t fall for it – did you ask to be nicked and interviewed?
  • Mr Nice: “Hiya, what’s it all about then? Sergeant Smith says you’re in a bit of trouble. He’s a bit wound up with you. You tell me what happened and Smith won’t bother you. He’s not the best of our officers, he loses his rag every now and again. So what happened?”
    Mr Nice is a devious as Mr Nasty. He or she will offer you cigarettes, a cuppa, a blanket. It’s the softly-softly approach. It’s bollocks. “No Comment”.
  • “We’ve been here for half an hour now and you’ve not said a fucking word … look you little cunt, some of the CID boys will be down in a minute, they’ll have you talking in no time. Talk now or I’ll bring them in”
    Keep at it , they’re getting desperate. They’re about to give up. You’ve a lot to lose by speaking.
  • “Your girlfriend’s outside. Do you want us to arrest her? We’ll soon have her gear off for a strip search. I bet she’ll tell us. You’re making all this happen by being such a prick. Now talk.”
    They pick on your weak spots, family, friends, etc. Gerry Conlon of the Guildford Four was told that his mother would be shot by the RUC unless he confessed. Cops do sometimes victimise prisoner’s families, but mostly they are bluffing.
  • “You’re a fucking loony. Who’d want you for a mother, you daft bitch? Confess or your kids are going into care”
  • “Look, we’ve tried to contact your solicitor, but we can’t get hold of them. It’s going to drag on for ages this way. Why don’t you use one of our duty solicitors, and we’ll soon get the situation cleared up so you can go home”
    Never accept an interview without your solicitor present, and don’t make a statement even if your solicitor advises you to – a good one won’t.
  • “You’re obviously no dummy. I’ll tell you what, we’ll do a deal. You admit to one of the charges, and we’ll recommend to the judge that you get a non-custodial sentence, because you’ve co-operated. How does that sound?”
    They’re trying to get you to do a deal. There are no deals to be made with the police. This bloke got sent down for not paying a fine. The prisoner he was handcuffed to in the prison bus did a deal with the police. He pleaded guilty to a charge after being promised a non-custodial sentence. The man trusted the police, he was a smalltime businessman accused of fraud. When it came to court, the judge gave him 2 years. The bloke was speechless!
  • “We’ve been round to the address you gave us and the people there say they don’t know you. We’ve checked up on the DSS computer and there’s no sign of you. Now come on, tell us who you are. Wasting police time is a very serious offence. Now tell us who you are or you’ve had it”
    If you’ve sorted out a false address with someone make sure they’re reliable, and everyone in the place knows the name you’re using. Stick at it, if you’re confident. You can’t be charged for wasting police time for not answering questions.
  • “They’ve abolished the right to silence – you have to tell us everything now, it’s the law”
    As we said at the beginning, you can still say nothing. There is no obligation to tell the cops anything beyond your name, address and date of birth.

If you are nicked on very serious charges, or for serious violence to a police officer, the cops may rough you up, or use violence and torture to get a confession (true or false) out of you. Many of the people freed after being fitted up by the West Midlands Serious Crimes Squad, or coming to light now in Manchester, were physically abused till they admitted to things they hadn’t done. If this happens, obviously it’s your decision to speak rather than face serious injury, but remember, what you say could land you inside for a long time, even if it’s not true. Don’t rely on retracting a confession in court – it’s hard to back down once you’ve said something.

___________________________________________________________________

In the police station the cops rely on people’s naivety. If you are sussed the chances are they’ll give up on you. In these examples we have tried to show how they’ll needle you to speak. That’s why you have to know what to do when you’re arrested. The hassle in the copshop isn’t nice, but if you are on the ball, you can get off. You have to be prepared. We’ve had a lot of experience of the police and we simply say:

  1. Keep calm and cool when you are arrested. (Remember you are on their home ground).
  2. Get a solicitor.
  3. Never make a statement.
  4. Don’t get drawn into conversations with the police.
  5. If they rough you up, see a doctor immediately after being released. Get a written report of all bruising and marking. Remember the officer’s names and numbers if possible.

______________________________________________________________

Having said nothing in the police station, you can then look at the evidence and work out your alibi, your side of the story. This is how you will get off.

Remember:

  • An interview is a no-win situation. You are not obliged to speak.
  • If the police want to interview you, it shows you’re in a good position.
  • The only way to stay in that position is to refuse to be drawn into any conversation and answer “No Comment” to any questions.

Q: What can I do if one of my friends or family has been arrested?

If someone you know is arrested, there’s a lot you can do to help them from the outside:

  1. If you know what name they are using – as soon as you think they’ve been arrested, ring the police station. Ask whether they are being held there and on what charges.
  2. Inform a decent solicitor.
  3. Remove anything from the arrested person’s house that the police may find interesting: letters, address books, false IDs, etc in case the police raid the house.
  4. Take food, cigarettes, etc into the police station for your arrested friend, but DON’T go into the police station to enquire about a prisoner if you run the risk of being arrested yourself.

The police have been known to lay off a prisoner if they have visible support from outside. It’s solidarity which keeps prisoners in good spirits.

This information has been extracted from a pamphlet by London Anarchist Black Cross 27 Old Gloucester Street, London, WC1N 3XX via http://www.schnews.org.uk


110 Responses

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  1. Florida beach weddings by Bob says

    In the USA we supposedly still have the right to remain silent. It seems in the UK they deleted that right. The article is good advise for my country as well. Now I see why the police want people to talk at the interviews.

    • Paul Condon says

      No, you have the right to remain silent in the UK, as should be obvious from the article. If you didn’t, a ‘no comment’ interview would get you charged with refusing to co-operate with the police. It is even in the first part of the 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.”

      • darkpolitricks says

        Hi, the law they changed was that it is now mentioned in court that you did a no comment interview and it is up to the jury to make their own minds up about the reasons why you may have done so. Before they didn’t bring it up and it was always a given that you should do a no comment interview.

        Tony Blair wanted higher conviction rates so he thought letting the jury know that you had kept silent would insinuate guilt (in the eyes of the jury) especially if you then relied on a defence in court that you didn’t bring up in interview – so the wording of the caution was changed as Paul mentions.

        However you should always speak to your brief/lawyer first and decide your strategy before being interviewed and then you can say that you did a no comment interview on the advice of your lawyer – obviously only if he advices such..

        • stephen says

          I learned this lesson the hard way. I was taken in and questioned. I figured I had nothing to hide. They twisted everything I said and confused me to the point of me confessing to multiple crimes that were not even committed. Strange thing is I don’t even remember confessing, but I’m there on video confessing. I got 12 years for crimes that never happened. My life was ruined and nobody wants to hire an excon. Cops are not interested in truth, their job is to convict, not to get to the truth.

          • darkpolitricks says

            Sorry to hear about your situation. I totally agree with you about the Police in interviews and in general. If you say ANYTHING in interview you are doing their job for them. Keep quiet and let them find any evidence.
            They will lie to you, take advantage of you if you are an addict by offering you an early release or sometimes even drugs if you confess and the duty solicitor often works hand in hand with the cops.
            Get your own solicitor and keep quiet. Come up with your defense when you are well and have time to think.

  2. Tony Butler says

    During my police training in the UK, forty-years ago, great emphasis was placed on the importance of obtaining a statement from the prisoner, to aid conviction.
    I believe that all police interviews are recorded, nowadays, which removes much of the scope for a bent police officer to embellish a prisoner’s statement. They always used to begin, “I wish to make a statement. I want someone to write down what I say …” With practice it was easy to spot police jargon in a supposedly word by word transcript from a prisoner. The tendency was to word the statement so that it covered the points necessary to make the charge stick, in Court. An old favourite was to ask someone carrying a walking stick, “Would you use that to defend yourself from attack?” “Oh, you would, in that case I am arresting you for being in possession of an offensive weapon.”
    So even then, saying nothing was always good advice,
    With the practice of recording of interviews, the temptation for police officers to obtain an ‘on the scene’ statement must quite high. If it is unrecorded, and police now work in pairs, it would be their word against yours.
    Except for stating your name, address and D.O.B. Say nothing.
    It was said that 85% of cases brought before a court would have been dismissed had the defendant no have pleaded, ‘Guilty!’.

  3. Rocco says

    Another thing to mention is never talk about the circumstances to another prisoner. They often put you in with other people who have been arrested, and conversations are plentiful. They will tell another prisoner that they will get out early, if they tell the cops what you said to them.

    • darkpolitricks says

      Cheers Roco,

      I have actually had a couple of policemen (ex) and serving read this article and have attested to the basic underlying truth that anything but a “no comment” interview is doing the Police’s job for them.

      Thanks for commenting

  4. Jools says

    Mr Butler – what rank did you finally achieve? You wouldn’t have been in the Gloucestershire Constabulary, would you? Just curious.

  5. BRiTiSHSM says

    had more experience of all this than I would ever wish on anyone.

    Was arrested on returning from a Christmas Party – The cops made a big mistake in questioning me and having me sign statements when I was clearly very drunk – they claimed I wasn’t – yet other people at the party and my taxi driver made statements to the contrary.

    They then brought me back in for a second interview (I still hadn’t got a brief at that time … IDIOT ME!) fortunately the charges were quite involved and reasonably technical and so two things happened 1.) from the first 3 or 4 questions I realised they had NO CLUE as to what they were talking about (essentially computer fraud / piracy) 2.) that even if I could sufficiently and clearly explain the situation in a way to minimise my guilt it would be COMPLETELY lost on these two eejits – therefore I elected to stay silent.

    They will also during a “no comment” interview read you a “special warning” this is exactly the same as your original warning when arrested and given at the start of the interview it is worded differently and sounds like your up for the noose if you dont speak … but its just the same old guff that you SHOULD mention now something you MAY later rely on in court.
    the best mitigation for “no comment” is that you did not feel that at that time your mental state was such that you could clearly and accurately communicate your disputation of the charges, that you did not believe you would be able to accurately recall all the events and times you were being questioned about which could have led to a further charge of perjury and/or that the technical nature of your defence would be beyond the technical grasp of the officers present and may lead to miscommunication and possibly be taken as an admission of guilt.

    the whole of my “time” with the police lasted well over 4 years (from arrest to sentence) and I learnt that they have a job to do – and like anyone with a job to do if they can find a shortcut that saves a bit of time, saves a bit of paperwork they’ll take it. Always be on your guard, DO NOT speak to the cops outside of the station either – I arrived early for an interview and was sitting on a bench having a coffee when one of the officers involved with my case came over and made small talk, I mentioned I was thinking of going on holiday for a week as the whole “case” was very stressful – at the end of the interview he stated he had intelligence that I was intending to flee the country and had my passport seized … DO NOT SPEAK TO THEM AT ALL!

    anyway – good work Dark Politik – keep it up :)

  6. Edossa says

    Quote police;

  7. Sean says

    Yes I agree; all the police basically have is 1) Fear & 2) Intimidation. Just always try to keep that in mind no matter how scary your situation may seem. Stay calm, and keep in mind that they obviously don’t have much proof or evidence; otherwise you wouldn’t be getting interrogated in the first place. I think I heard a rumor that like 90 % of a successful criminal conviction is based on evidence. That is why a lot of state court cases end up losing if it is taken to trial. They typically can’t come up with all that evidence. I mean, put yourself in their shoes. How are they really going to be able to solve a crime and come up with all that evidence to actually prove it for the most part? Unless of course you have it on videotape or several eye witnesses. In actuallity, they aren’t even doing much of the work of literally solving the crime at hand, They are just fittiing the puzzle pieces together which were handed to them right on their plates. I would guess that majority of the crimes they deal with are open and shut cases and most likely does not take much detective work to solve… Now the Federal criminal system is a whole new ball game. I feel for people who end up getting caught up federally. They on the other hand have like approximately a 95% successful conviction rate. And on top of that, you will end up doing basically all of the time which you were sentenced to. Ten years in there basically means ten years. (However, Feds sentence in months, not years; so that would be 120 months.) In the state prison system on the other hand, a ten-year sentence, (typically called a dime) you might serve one year to eighteen months and then you are granted a parole. There is ‘good time’ they call it where you revieve a day for every three you serve. That makes knocks a lot a time off in the long run, People don’t think about it at the beginning of their sentence but then at their downhill point is where it is appreciated. And your counselor can run you up for a “special parole” if he or she chooses. It;s weird. For some reason it was never a possibility for me, but certain people they just liked or something, Maybe they drew out of a hat, Haha I don’t know. It wouldn’t surprise me the way they operate. I did approximately five years on a twelve year sentence, which is a lot considering I went State. Granted, my crime was violent, there was a stabbing involved. In addition, I was involved in a few fights while I was in and the parole board does not look too kindly upon that; especially if you are in prison for a violent crime in the first place. So, I can see their point. But majority of the things they do and decisions they make never did make sense to me. However, I didn’t know everyones’ caseload so who am I to say what is right and wrong. Although, clearly their way of doing things is not and has not been working for quite some time. I think It’s like only seven percent who don’t reoffend or return to prison. And it is typically the same guys/girls who return several times and recitivism rate remains the same. So why is it that they continue with their encarceration operation the same way when obviously seven percent is pretty close to as bad as a failure rate as you can get? They do offer treatment classes and other self-help groups in most of the prisons, at least I will give them that. But, I believe they are only offering those programs for financial gain which they receive from the federal government. If they are not benefiting from it in some way they wouldn’t even bother with it. They aren’t doing it out of the kindness of their hearts I am sure of that. Most of those guards don’t even acknowledge inmates as human beings. So, population is increasing each year little by little, though it is typically the same ones. The ‘regulars’ we would call them. But I would say some changes need to be made to this system to try and fix some of the corruption which has only worsened gradually each generation. Apparently we don’t have all the answers but trial and error might accomplish something. We must start somewhere. It can’t really get any worse than it already is. For the most part the only place we can go from here is up. We need to think beyond the ‘now’ as well. We must consider the future. Our children; and our children’s children. That way, those ‘higher-ups’ in control of most of the decision making would possibly be influenced by their hearts instead of by dollar signs,

  8. Zharkov says

    The right to remain silent is a fundamental human right that continues to exist in every nation regardless of subsequent laws enacted to deny that right. It’s one of those rights that cannot be legislated away by government because it was never granted by government. The American Bill of Rights does not list exhaustively ALL human rights, but the ones that were included are fundamental rights.

    Crown comment on silence at trial can cut both ways. If a prosecutor is permitted to comment on the silence of the accused during police interrogation, then the prosecutor can have no objection if the defense comments on the ignorance of the police at the time of the attempted interrogation.

    For example, if police ask, “Did you hit that man”, the defense lawyer should be able to comment on closing argument to the jury that, at that moment, the assailant was unknown and police were guessing wildly in the absence of evidence of guilt, for if they had the evidence, they would not need to ask the question. What that means is that the police themselves had “reasonable doubt” about the identity of the assailant.

  9. Moi says

    Excellent advice and I am living proof… 5x Arrested (police on a witch hunt) and 5x my solicitor said No Comment…
    All 5 arrests NFA
    Used to have respect for now… Arseholes.

    • darkpolitricks says

      I couldn’t agree more. My life was literally ruined by bent coppers and I have seen things that most people would never believe an “honest bobby on the beat” would do.

      First time I was nicked I was 14 because “I looked suspicious” and someone was riding round the estate on a stolen moped. I was driven up the road in a car full of 3 big male cops who stopped the car next to some woods and threatened to take me in them and beat the shit out of me unless I told them where the moped was.

      Luckily for me over the radio came a voice saying the person had been spotted elsewhere still on the moped. I was de-arrested without even an apology.

      That was my first experience of ever talking to a policeman and I have a hundred or more stories that I won’t go into but led me to write that article.

  10. anon says

    my brother has raped my daughter, my friend, her daughter, and his ex-girlfriend… when questioned by the police, he just said no comment to every question.. is this legal.. Im a Devistated mother, who is searching for answers

    • darkpolitricks says

      Yours is a sad story but just like pleading the 5th amendment in the USA i.e not having to answer questions that might incriminate yourself. The idea of the no comment interview is perfectly legal and it’s been there for a very long time in UK law until Labour changed the rules slightly when they came to power. They did this in the hope of raising conviction rates and changed the law so that the fact the person being interviewed gave a “no comment interview” can be brought up in court and the jury/magistrate can make their own mind up about whether the defendant was just saying “no comment” to not give an account of themselves OR they had a real reason not to give one at that time. In your case it will be brought up at the mans trial and it is up to your lawyer to do his job and make this rapist give an account of himself on the witness stand in court.

      You may not like it but we cannot all live by one sad unfortunate case as for every case like yours there are two where the police are pure bullies and we can and never should forget the Guildford 4 and Birmingham 6 who spend 20+ years in prison for crimes they didn’t commit all because their statements given in interview were tampered with by the police. A no comment interview helps prevent this kind of tampering by the police.

      For people who are uninitiated with dealing with the police from the other side (I have been on both) it would come as quite a shock to see or even just hear about some of the things policemen in this day and age still get up to all to get a good conviction rate.

      There are many hypocrites who commit crimes they get away with (the thin blue line) due to being policemen but then convict and ruin the lives of others who carry out the exact same acts. I know policeman who take hard drugs for personal use (not because they are undercover) and even brag about being a cop and then go out and put people away for years for doing the same. Then we have dozens (of reported – hundred/thousands of non reported cases) of cops who regularly speed over 100mph on motorways and they are not even given a fine (you must have read this yourself in papers) plus all the brutal beatings in cells and high streets the country over for little or no reason (I have been on the end of more than a few) including the institutionalised racsim in many police forces that mean many people of colour “fall down the stairs” and end up dying in stations all over the country.

      Why would you give a “no comment interview” for legitimate reason? Well you might be seriously unwell, withdrawing from drugs (prescribed or illegal), addicted to cigarettes (not allowed in UK stations anymore – anywhere! Imagine being a smoker and not being able to smoke for 24+ hours), mentally unwell, feeling depressed, scared or pressured by the police to say something that you don’t want to. The “no comment interview” protects you.

      Also the “no comment interview” is perfectly legal and there to
      a) protect your civil rights
      and
      b) protect vulnerable and often weak people from being coerced into saying something they might not mean or might not have done for various reasons I have already mentioned.

      Just because the person gave one however it does not mean they won’t be charged or convicted. If your daughter and friends have all given statements, take the stand and the police have DNA proof there is every chance this rapist will be convicted in court even without an interview confession. I wish you well.

  11. Anon says

    I’m sorry but this is horrible. The man who raped me said ‘no comment’ and because of that the case was never sent to the CPS. So great to see that there is an easy way out for criminals. just shut your mouth. He ruined my life and he just got off scot free after some months on bail conditions. I’m sure that the NFA letter you refer to was received with great joy!

    • darkpolitricks says

      Sorry but I didn’t rape you and if you were ever accused of a crime you didn’t commit (as I have – quite serious ones) then you deserve protection.

      You might not like to hear it but women/girls do accuse men of rape when they haven’t done it (for many reasons) but that is why you should have a lawyer, DNA tests, evidence from the crime scene and a case to bring forward.

      If it’s only one persons word against another’s then no matter what the crime (rape, assault, theft etc) then you are going to need either a confession or evidence they committed the crime. If you don’t have anything other than your word then even if it went to trial you would most likely lose.

      I ask you a question – and you know rape conviction rates are low in the UK – would you have like to have gone all the way to court, given evidence in public and then saw your rapist get off not guilty or would you have rather it happened earlier on? Which would be more traumatic for you?

      The CPS would have brought the case to trial if they thought they had a good chance of winning (read the CPS guidelines I link to) so it’s not that the person kept their mouth shut it is that the Government (the CPS) decided they had no evidence to get a conviction.

      As we don’t live in a Police State where we let our policemen torture prisoners (even though the odd beating in the night with a blue mattress over you does happen still) then no-one can force you to speak. Labour has made it so the fact the accused gave a no comment interview up in court – but if the CPS don’t even take the case to court then I am sorry but you should be shouting at the CPS not me. I am trying to protect people like the many thousands of innocent people locked up for crimes they never committed NOT RAPISTS WHO HAVE RAPED PEOPLE.

      I am sorry that you got raped but there must have been more going on than you are saying as if the hospital had got DNA from the rapist from you OR seen you had been raped (bruising, cuts etc) then they still would have proceeded with the case. As I don’t know the facts then I don’t know the ins and outs and what happened with the case.

      • anon says

        You seem to be quick to criticize the police and it seems convenient that you are apparently being ‘fitted up’ on several occasions by the cops?! I think you may have jealously and authority issues with the police… have you secretly wanted to be a cop I wonder?
        Seriously, this is not life on mars mate!
        The ‘fits ups’ you all talk about are myths from a Krays novel!
        This is 2014 and I can tell you now that this sort of thing does not exist in the UK police today… fact!
        Read code G PACE all of you please…necessity of arrest.

        • darkpolitics says

          If “anon” you are talking to me then you obviously have

          a) only had good experiences with the police, which is mostly the case with middle class, white, older, richer people in the UK not young, coloured, estate dwelling or poor gangs of youths with nothing to do but hang around. If there is nothing to do at night and you have no money – mischief will come from boredom etc

          b) Where have I personally said “I was fitted up”? Please tell me? I have just given experiences of my own with the police where they went over the top e.g getting arrested for “looking suspicious” outside a shop because someone had a stolen moped when I was 14. That was not my fault, but the threat of being beaten in the woods (it does happen – just walk outside your country house into a local town or high street on a weekend) then it obviously would have put a bad perspective of the police in to my head as it was the first time I had ever spoke to a cop. I am sure if the same had happened to you, then you would think differently.

          If your only experiences of cops are good then you will think they are shining examples of honour and brave foot soldiers on the front line against the wave of crime and terrorism hitting our country.

          However if you actually read the news or read any papers over the last 30 years you will see that there have been many inquiries proving that people have been fitted up (Guildford 4, Birmingham 6 and many others who don’t have campaigns behind them) also a report PROVED the MET was institutionally racist after the Stephen Lawerence murder (The BBC went undercover to film racist cops) and a government report was acted on to try and clean it up. If you actually read some books on the police – I recommend one called “bent cops” you will see the tricks and methods they use to fit someone up if they cannot get evidence. If you smoke, they will pick up discarded fag buts and then leave them near the seen of the crime so your DNA is present. Even a top London Gangster, Dave Courtney, managed to get off a serious charge (Belmarsh high security prison) by proving he was fitted up by the police. Kenneth Noye, the M25 murderer who was actually defending himself from a road rage attack by a bigger and younger man, was in the 80′s under surveillance by the Police over the Brink Matt Gold Robbery (I believe – don’t quote me). And a cop, dressed all in black, no ID, nothing to say he was a cop, was hiding in his garden spying on his house. Ken came home, found this man and a fight occurred. The cop was stabbed to death. Kenneth Noye was acquitted in a court of law of the crime because the police didn’t identify himself and it was impossible to tell if he was telling the truth dressed like an SAS soldier anyway. The police hated Noye for getting away with that which is why they spent years trying to fit him up and get him for anything – despite the fact he was also (like most top UK gangsters) a police informant.

          Also at the moment we have the stop and search laws being discussed in the news as they don’t stop crime, stop people of colour a huge amount more than white people, and make people hate the police even more. Winning hearts and minds – no.

          I am not saying this is Russia or corrupt Spain and I have lived in Spain where if you get nicked you better have a few hundred euros on you to hand over to the policeman to prevent being remanded for 2 years before a trial.

          And no I never wanted to be a policeman.

          As for authority issues – yes I have lots – have you not read any #altnews lately about the NSA, the GCHQ spying on us, Governments overruling us and going to war, the banksters ripping us off and being too big to fail AND JAIL? There is a lot wrong with authority if you don’t think so you have your head in the sand. I got my distaste for it from school – why – because in class when I asked why whenever I was told something I was told to shut up and “just because”.

          I soon learnt people don’t like being asked the reason why, especially when it is a question that they don’t want to answer. So yes I did muck about at school but I also got 4 As, 3 Bs and 1 C and 3 A levels. I also learnt to always ask why and so should you.

          If you think this world we are living in is just great then your either rich or don’t give a shit. The whole setup is a mess. You need to read some more. I have plenty of books I can give you if you want that will change your mind from Philosophy, History, to biographies on Gangsters and the stories from Cops on how they bent the rules to catch them.

          From what I have seen police are split in two groups. One the few that actually want to do something good to help the community, and prevent crime. They may break the odd rule on the way but they start off with a good attitude.

          The other are those people who are bullied at school and want to get their own back on society. They want to have the power they never had as kids. They want to punish the people who bullied them or made their lives misery OR those people like that. These are the police who cut corners, break laws, see themselves as untouchable and beat the shit out of you on a weekend when a simple handlock would do.

          If you think otherwise you must be living in Iceland or Norway or somewhere where there is no crime and hardly any policeman. I ask you – how many times have you personally been arrested? None? or Lots?

          As you can see from the replies on this thread many people have been stitched up by the police and even coppers have commented on this thread.

          I think it is you who is living in a story book – probably one from the 1920s before the Krays even existed. If you don’t live in a city or big town and see a massive fight at 11pm on pub closing time every weekend then you are not living in the REAL UK.

  12. stej says

    The police came to my house tonight saying they were going to arrest me about an allegation of theft a few years afore. I’ve been ill the last few days so they called through to whoever and they said i can arrange to go in. They did a very little each and that was it. Do you think i should go no comment because if twas that serious they would have arrested me there and then. What do you think

    • darkpolitricks says

      Well I cannot give legal advise as I am not a lawyer. I would suggest going and getting a lawyer (not a duty solicitor) and asking him first before going in.

      If they have waited so long before arresting you then new evidence must have come to light otherwise you would have been nicked years ago at the time. What that evidence is you won’t know until you are in interview so you have the option of giving short yes/no answers as well as no comment to others. You could even hear what they had to say then say you were feeling ill and ask to be accused as you were not in the right mental / physical state to give straight honest answers and if you are truly ill then you are not lying in the slightest.

      I don’t know the ins and outs of your case and I don’t know whether you are being accused rightly or wrongly but make sure you don’t use the duty solicitor and have a plan of action for all scenarios.

  13. Sam says

    i was charged by gf for hitting her but i never did and the police let me go with a warning cos they had no evidence but they did not give me anything in writing.

    as i was arrested and let go by police of no evidence but my finger prints etc. were taken what are the risks involved if i meet her again

    she is asking me to get back with her and apologising for what she did, so if i go back with her what are the risks i am taking , my worry is if she calls the cops when i am at her flat will i get into big serious trouble as one cop told me not to contact her or text her verbally

    please let me know

  14. macus says

    my son was wrongly accused,by the complainant,and my son was taking to court,and was about to be jailed for theft,my lawyers failed,but a spiritualist called Doctor Jefferson was there for my family,and the day of the final hearing which was going to be the day that my son is going to be sentenced,guess what every thing went to our favour as the spiritualist has said.my son was vindicated. .If you need his help you can contact him on his email address [email protected]

    • darkpolitricks says

      Maybe he should have done a no comment interview, especially if it’s only one persons word against another with no corresponding evidence to back up the events or witnesses.

      Again I don’t know the details of what happened so I cannot really comment

  15. Maggie says

    Hi there I just want to know what I need to do, I’m being accused of theft from my job I haven’t been arrested or charged yet but I have been speaking to a work colleague who gave me details of the interview and he was asking her questions that made me look guilty. What do I need to do if I am arrested and charged? I arrived home with a card to call – a police detective came to my home now I’m getting scared. I didn’t do it do I just stay silent I’m from Australia by the way

    • darkpolitricks says

      Hi,

      I don’t know actually know much about Australian law as the “no comment interview” is based around UK law. However if Australian law is based on UK law you might find there are similarities and I suggest checking up to see if doing a “no comment interview” is something Australian law allows.

      Obviously no-one can make you say anything if you don’t want to so even if there is no protection you could just stay silent and then come up with a reasonable explaination afterwards if asked in court e.g I wasn’t feeling well, the cops were obviously tricking me or telling falsehoods, I stayed silent due to a sore throat or on the advice of my solictor.

      If you have not done the crime then you “should have nothing” to worry about. You must remember that in the eyes of the police at least someone doing a no comment interview is a seasoned crook who is just playing the game of cops n robbers. Therefore doing a no comment might give the impression of you being guilty when you are not.

      You will only get all the evidence against you if you are charged and have to go to court so if there is anyway you can find out what evidence they are basing their allegations on that would be the first step. If they have no CCTV of you stealing anything and just the word of one person against another then that is not enough proof to convict someone beyond reasonable doubt.

      Whatever you do don’t just do a no comment interview because you have read this article. Do some fact checking first. Research Aussie law on the web first and if you are not getting answers go to a solicitor and ask them what your options are. I am sure you would have an equivalent but your best defence is knowledge of how the police system in your country works so do your studying.

  16. http://tinyurl.com/amereagle34705 says

    I really seem to agree with pretty much everything that is written inside “A guide to “No Comment”
    police interviews – Dark PoliticksDark Politricks”.
    I am grateful for all of the actual info.Regards-Constance

  17. Roland Martin says

    With regards to NO COMMENT interviews. This still allows the prosecution to put forward all the questions that you refused to answer. And as such they can put forward an undisputed version of the case against you. As previously stated you should remain silent. If you do not want to be interviewed just say so and remain in the cell and don’t go anywhere near the intervierw room. If you do end up in the interview room by some devious means. All you have to say is ” This is a serious allegation that you are accusing me of, I am aware that I have been cautioned and I do not want to discuss it with you, I now wish to remain silent until you either charge me or release me” You then MUST remain silent throughout ALL questions put to you. The police can write down what they say but unless you reply at ANY stage they cannot put the contents of the interview before the court. A word of warning is that if at any stage you make a comment including being asked whether its any point in continuing with the interview THEN all the previous questions that you have ignored can then be put before the court. If you follow this advice then all the prosecution will say to the court if that the defendant (you) refused to be interviewed. They then have to rely on their own information and not your words twisted to make you look bad. As previously stated the only reason for an interview is to help the police prosecute you.

    • darkpolitricks says

      Good advice Roland!

      This is getting to be a well read article with lots of good comments from all perspectives including ex/current policemen, ex criminals, victims of crime, people wrongly accused and people just wanting to know how the system works.

      Remember if you answer questions during an interview you are basically doing the polices work for them.

      If they had enough evidence to charge you they would do so.

      Even then it is up to the CPS (UK) or DA (in the US I am presuming here being a Brit) to then make a decision about whether or not there is enough evidence to proceed with to trial.

      If you have not incriminated yourself or others by being interviewed this lowers the chance of a case proceeding to court.

      Even if you do get to court having done a no comment/silent interview will allow you to put forward your reasons why and give your side of the story to the magistrate or judge & jury.

      The more you know about the hoops the authorities have to jump through to get a case to court the better.

      Court case can be very expensive which is why they will only usually proceed with those that they have calculated they have a good chance of getting a guilty conviction with. Admitting to a crime at the first stage of this process (in interview) is going to increase that calculation to near enough 100%. That is unless someone else admits they did it instead of you (not very likely!).

  18. jim says

    I was told I was being detained acussed of a road traffic enquiry then told I was being interviewed about possing as a police officer by the persons involved in the other car they have made statements saying that i flashed a police badge at them to make them pull over I am at my witsend with these lies and spent 6 and a half hours in a cell still dont know what is happening edinburgh police stink.

  19. AreaCode310 says

    I am glad that I read this a long time ago.
    Thanks. This very worked well for me, I was taken in for something I never did. I was at the wrong place at the wrong time, the police lied to me that I did other crimes I never did expecting me to talk.
    They thought I did the crime but really I had no idea what happen.
    Police lied to me as well, trying to make me confess to things I did not do.
    I simply meditated to be strong mental, to be very calm and it worked.
    _/\_

    • darkpolitricks says

      I am happy that this worked for you.

      Remember saying anything in an interview room where it can be recorded and used in court means you are doing the Polices job for them. Let them find the evidence
      and present it to the CPS.

      If the CPS think the police has FXXK ALL then they won’t proceed – wasting tax payers money bringing a trial to court that is likely to lose.

  20. Stephen John Hawkes says

    Loved your website. Wish id have seen it 3 years ago when i was arrested for ‘harassing’ my estranged wife. She had left me after 24 years for someone else. I was heartbroken and devasted. My 3 children stayed with me and supported me. After a year I still hadn’t got over it. I had been texting and writing to her and one morning I went to talk to her as she walked to work and asked her to come home. She went to the police and said I’d been harassing her and I was arrested.

    Just as your article states the police preyed on my naivity. I didnt actually think I’d done anything wrong so I turned down the offer to see a solicitor (I now think that in the deeply distressed state I was in it should have been mandatory that i saw a solicitor). I was like a lamb to the slaughter. The young WPC (probably not many years difference in her age to the number of years I’d been married) easilly tricked me into saying something that she said was an admission though even thats debatable. I was charged.

    At court the solicitor representing me said to me “its a very sad case. Its not really harassment it was just your pathetic attempts to win your wife back but unfortunately you made an admission so you’ve got to plead guilty”(if he didnt really think it was harassment why say I had to plead guilty to harassment?). So I did as he said even though it didnt feel right when I said “guilty”.

    I received a £85 costs order and a 2 year conditional discharge. But much worse a criminal record for ‘harassment’ because I hadnt been able to get over my adulterous wife leaving me. Many people have told me including various other lawyers that I was poorly represented at court and I shouldnt have been told I to plead guilty.

  21. Stephen John Hawkes says

    Further to what I wrote this morning. My story is proof of how trying to be honest and assist the police just got me a nasty little (unjust in my opinion) criminal record. I think that the fact that i refused the chance to see a solicitor was just proof of my innocence. At the end of the day all I’d been doing was trying to contact my wife of nearly quarter of a century, make her see sense and return home to me and the children. Thats not a real criminal offence for Gods sake but the twisted police and CPS said it was. But I know that not all the police thought I’d committed a crime either. I saw two of them look down at the floor in sadness when I was charged.

    But what have they achieved? Nothing. My wife didn’t need a restraining order. She telephoned me shortly after and I just put the phone down. She shouldn’t have phoned me. I have vowed never to utter another word to her as long as I live. Which is a bit sad considering we recently got our first grandchild. The police and CPS have just driven a wedge through what was once a very close and loving family. I didnt need punishment when I was arrested I needed help. Its shown me how flawed the justice system can be. And they might think they’ve finished with me but I havent finished with them.

    It cost me £85 but I think it might cost them a lot more when I refer my case to the Criminal Cases Revue Commission. Ok so I might not win (get my conviction quashed) but it will cost them a lot more than £85 to fight my case.

    If I’d have said “no comment” none of this mess would have happened as I’m sure the case against me would have been dropped. Which it should have been anyway.

    • darkpolitricks says

      Mate, I feel for you.
      When I was younger I didn’t realise the way the system worked and only looking back now can I see the times when I was interviewed and convicted and those when I was not and revieved NFA’s or let off. Everyone should learn how the system works as no-one knows what could happen to them in the future.

  22. Noob ski says

    I’ve said no to a solicitor both times but by the sounds of it I need to get one a.s.a.p any thoughts are greatly appreciated

    P.s the officer is saying he wants a nfa but I don’t believe him I think he’s going for nice cop but really turns around and stabs you in the back

  23. Noobski says

    The police are coming to my house this weekend to do a 2nd interview on a allegation against me. The 1st interview I basically said not guilty to all allegations. Are they conducting this 2nd interview because they have no evidence? it’s a case if no witnesses and its my word against someone else’s

    I’ve said no to a solicitor both times but by the sounds of it I need to get one a.s.a.p any thoughts are greatly appreciated

    P.s the officer is saying he wants a nfa but I don’t believe him I think he’s going for nice cop but really turns around and stabs you in the back

    • darkpolitricks says

      Remember cops will lie and tell you anything you get you to speak in the interview room and on tape. I know as I have been on the end of it.

      Therefore any Mr nice guy act could be just to get you to talk.

      I would always get a solicitor – never the Duty Brief and discuss a no comment interview. However if you have already talked in the first interview you might have ruined the chances of doing it in subsequent interviews.

      If they are interviewing you the 2nd time then it means either
      -a) the other person has changed his story.
      -b) they have new evidence they want to ask you about.
      -c) they have no evidence at all and want you to confess.

      Personally I have been locked up all weekend after a fight in which the other person was left with 21 stitches on his face. He attacked me and I had a pint glass in my hand and just instictively swung it at his face when I saw him running at me with a punch.

      I actually was interviewed 3 times over the weekend and kept to the real story e.g that the person had bumped into me, called me a C**T and then said he was going “to get me” before walking off and then coming back and attacking me.

      The other person said in his first interview I just went up to him and glassed him for no reason at all.
      In his 2nd interview he changed his story and said he had an argument with me first but I started on him.
      In his 3rd interview he finally admitted he was coming for me and I swung the glass in self defence.

      The police believed me as I had stuck to the same story whilst he had constantly changed his and they let me go without charge.

      It was only the fact that I told the truth in all my interviews and stuck to my story PLUS a friend who was also detained with me said the same exact story that got me out of the nick and away from a section 18 charge i.e GBH with intent – max life imprisonment.

      I could have gone no comment and let a jury decide but as I knew I had done nothing wrong I decided to tell the truth. It was a risk but I knew I was in the right.

      It is up to you what you do and how you handle it but in cases of a persons word against anothers with no other evidence it is hard to convict and the jury will probably just go on which person is more likeable and presentable in court, ignoring all other facts (as there are none – just two perspectives on what happened).

      I suggest getting a solictitor quickly and discussing it with him – remember I am not a lawyer – just someone with experience of how the cops can lie and treat people in the interview room. Always remember the Guildford 4 and the Birmingham 6!

  24. Dennis R Perrin says

    The Guildford Four and Birmingham Six are extreme examples of false convictions. I like the useful advice from Dark Politricks, for how to behave upon being arrested, which is not generally known. Most people most of the time want to feel protected from burglary, violence, and fraud etc. So we do need police, who are not enemies and who also have a difficult job to do.

    • darkpolitricks says

      They may be extreme examples but how many other people are in prison for crimes they didn’t commit that we don’t know about.

      You just need to look at the USA and how many people are on death row that are eventually proved innocent (sometimes after being murdered by the state). Plus plea bargaining in the US means people are more likely to take a shorter term in jail even if they are innocent because they are scared of the life sentence (real life sentence) being threatened to them.

      I know a lot of cons inside claim to be innocent but I know for a fact – from personal experience that bent cops exist, they abuse the system and peoples lives have been ruined by their actions (including my own).

      I know prostitutes who are threatened into having free sex with cops so they don’t get nicked and I know cops who buy and sell drugs. I also know cops who have stolen drugs from raids to give to their informants to sell on to school kids just so that those grasses can grass on people up the chain – they get away with scot free.

      Just don’t assume that because the papers are not full of people being released from prison on false charges that a percentage of inmates inside are not innocent due to bent cops.

  25. bobby baker says

    I am 16 yrs, I was recently arrested for shop lifting $2 breth mints, caught by an undercover supermarket cop, and now have to go for interview and sign caution papers! I’m freaking out and dont know if they have enough evidence against me. should my mum have to sign the caution papers? which would lead to my name in the system for 7 yrs. do i have to answer and confess or anything. is it even fair?

    • darkpolitricks says

      If your going for a caution then that is the “conviction” so to speak. You are not going to court you are just being given what is basically a telling off by the police chief at your local cop shop.

      I have had 4 cautions in my life – whether they stay on file I am not sure. I have heard that they get wiped at 18 OR they are not treated in the same way as convictions. However I do know that even having a caution for smoking weed can prevent you from ever going to the USA so I would look into it.

      Also if you are over 16 you shouldn’t need an adult with you. I think in the UK you only need an appropriate adult in interviews if you are under 14. I certainly have had a few cautions when I was younger on my own.

      I would think the majority of the UK population has some kind of criminal record or caution – I even know Police men who have had cautions when they were younger so don’t freak out about it too much. It’s just a stern talking to by a senior cop – a lot better than going to court.

      Plus they wouldn’t be giving you the caution if they didn’t already have the evidence against you so a no comment interview is not even required. They have you probably on CCTV stealing the mints and with the word of the cop who got you which is enough for them to proceed with a caution.

  26. rokas says

    darkpolitricks do you have an email adress i could email you on? pls if you have could you inbox me , or post it on here? Thank You

  27. Radiator says

    I’ve been told today I am being arrested by appointment. I can’t remember what for as I was in shock but its either assault or Gbh. Long story short, 3 guys and 1 girl Insulted and intimidated me my female cousin and her friend while we was walking home and they was videoing it. I asked them to stop and we kept walking. They followed us more, still videoing and laughing and Intimidating us. I turned around and said leave us alone we are going home. Luckily two guys i know were driving pass and stopped and asked me if i was ok. i said no im not. The guy with the video then started insulting us so I told him to stop videoing and I pushed his phone away from me. To which he threw a punch at me, missed and then grabbed my cousins hair and dragged her to the curb. I told him to let her go and he ignored it, he then struck her on the top of her head so I used reasonable force and palm striked him to the face as I was in fear of her safety as she couldn’t defend herself. He immediately grabbed my hair and pulled me down to the ground cutting my knees and elbows. I used one hand to cover my head from blows from other people and my other hand to punch him off me until he let go. I connected about 2-3 times before he let go and stopped fighting at which point I quickly got back on my feet and walked away quickly to avoid danger as I was in fear for my safety. We all left the scene of the incident and got home safe with a few cuts and bruises. I had no option but to use self defence and reasonable force to eliminate the risk of serious injury from this guy. My question is… Can I not put this in a statement even though its the truth?

    • darkpolitics says

      Well you can but you run the risk of the people with the video showing a different side of a story.

      Our minds play tricks on events after the events and I know from previous events that what I thought had happened 100% was proved wrong. Drink n drugs or just a heavy rush of adrenaline can effect your perspective and in tale of two stories, perspective is key. You need the police to believe your story and if you cannot be sure they will then you may play into thei hands. Remember two people will always see an event differently.

      Now I don’t want to rattle through a misspent youth OR go against everything I have said previously, BUT on one occassion in my life telling the truth to the police has been by saviour and you can see that in the comment I wrote to the person a couple above this about the glassing incident and the Section 18. Telling the truth got me out of that sticky spot whereas I could have gone “no comment”, been remanded, lost my College place as it could have taken anywhere up to a year to go to Crown and then possibly NOT got off at court. It was a risk but one I took as I knew I didn’t attack someone for no reason – I’m not like that – plus the other person kept lying in his interviews.

      Now I know that goes against the premise of this article but you have to decide for yourself whats in your best interest.

      Now I am no solicitor but you must weigh up the following:

      -Are you remembering the events of that night correctly. I know Tae-KwondDo and Karate so I know an open palmed strike can cause serious damage if done properly. How hard did you hit him and was it a natural reflex?
      -Did you do the minimum necessary to defend yourself and your friends or may you have used some martial arts skill to inflict extra punishment?
      -What do these people have on their camera phones? You said they were filming you so no doubt the police may have seen these videos before coming for you. I am not sure whether video evidence on it’s own can be used to convict but ask a lawyer and make sure you don’t admit to something just because the cops say “we’ve seen the video” etc.
      -Your girl witnesses, can they not make a counter claim of assault on your behalf? If you were defending them then their statements could be your saviour. The assailants may even drop their charges if they have counter assault claims on them.
      -Also police tend to believe female witness statements more than men when it comes to assault. So ensure these girls make statements on your behalf ASAP if you are charged or bailed.

      I remember one fight my friend had with a drunk bloke who had started on him. The bloke was with 2 girls. My mate was with me and 3 other mates.

      As the bloke wanted to fight and my mate was always happy to oblige, we all sat back and said go ahead – fair fight – as we call it here.

      Now the only time I stepped in was when this bloke had punched my friend to the floor and went to kick him in the head. I don’t like that and I walloped the bloke. However after the fight my mate was nicked by the cops outside my house and he ended up in Crown Court.

      I even made a witness statement (that I have to this day) and said I would be a court witness to say that the other party had started the fight and that I had to step in due to him trying to severley injure my friend as he lay on the floor.

      My mate, due to the witness statements of the two girls who basically lied their asses off for their friend, went guilty and did 2 years in prison! He was advised by his brief that the statements by the girls would take him down even if I did appear on his behalf. Not fair at all – and that is the key, justice isn’t always right and the right person doesn’t always go to prison.

      It’s totally up to you what you decide to do but I would think very carefully about the events of the night. Just the fact you said you used an open palm strike tells me you can look after yourself and I have to wonder how much damage was done to the other parties. If they were just a couple of local hoodie twats then I doubt they would have gone to the old bill for losing a fight. If they are the scum they sound they are then they probably start and get into fights all the time. If that’s true then you have to wonder why they have bubbled you up.

      The damage done to the “victims”, any video tapes or CCTV, the credibility of the statements, the character of the people involved, past crimes, any bias by the police, age of the people involved and many other factors will come into play here.

      You know I cannot advise you what to do and you should speak to a brief ASAP before going to the station for your interview. At least if you do a “no comment” you can say it was on the advice of your solicitor.

  28. Drunk and Disorderly says

    Hi, last weekend I was arrested for “assault on a police officer & drunk and disorderly”. 8 police officers restrained me and roughed me up, I have numerous cuts and bruises. After a few hours in the cell, I was released with a £80 fine for D&D but no charges for the assault. Could I conted this and say that the number of officers and force used to make the arrest was totally out of hand, considering that it was just for something as simple as D&D? The reason I was arrested was because I refused to move from a public pathway because I was “annoying” the police. I’m guessing that because there are going to be so many cops against me, then there’s not much point fighting it but I thought that I would at least ask.

    • darkpolitics says

      Well your right, who do you think the magistrate is going to believe? The word of 8, honest, law abiding, never done a damn thing wrong in their lives, cops or a “drunken”, disorderly criminal like yourself!!! LOL

      I would just take the fine and be happy that your not up on an assault charge against the police. If you were you could be looking at jail time not just a fine.

      You could make a complaint but then the cops could always make a complaint against you. I personally would be happy as larry that I got off on a DnD. It reminds me of the time (yes another story from my mis-spent youth) that the police started battering a young girl with truncheons we were walking home from a club with for having carried a bottle of beer out the club. They were using excessive force so of course, me as a drunken hero waded in to stop them. This only caused a massive (and I mean massive) fight between 12 of us and shit loads of police. The cops basically blocked both ends of the high street with cars and meat wagons so we had no-where to run and we were fighting them in the middle.

      The police were brutal and on nicking us they would bend you over the car and grab your balls between your legs and squeeze them as hard as possible, as well as the nipples and hair under arms. All things I guess they are “taught” to cause harm but without producing evidence of assault. No-one wants to call out the duty doctor to complain of sore nipples or painful nads do they.

      Anyway in the morning we were all let go with a caution for D & D. Not even a charge or bail. The cops obviously knew they had been excessive in their force and we most certainly were pleased just to have spent a night in the cells and let go in the morning. An assault on police charge can be as serious as they want it to be. It can either be dropped or it can be made into a “vicious attack on the unsuspecting officer who was just trying to do his job protecting the citizens from a horrible violent yob” if they want.

      Take the fine and be happy. I would.

  29. Kate says

    I was involved in an incident recently – a man was blocking me in from a car park and refused to move his car, despite me asking him several times. He was sat in a cafe just next to the car park and flatly refused to move his vehicle. A very brief argument ensued and I knocked his cup of tea over with my hand. It went all over his newspaper and some of it ended up on his shirt, chest etc… He is pressing charges for assault and I am being interviewed by the police about it tomorrow. Is it best to ‘No Comment’, or to tell the truth, that he provoked me and I knocked his hot drink over in the heat of the moment without premeditation?! So trivial, but don’t want to end up with a criminal record over a cup of tea! Thank you for any advice.

    • darkpolitics says

      Well if no other witnesses saw the event it is your word v his, in cases like this unless you admit to your “crime” in interview the case is unlikely to proceed to court as there is very little chance of it suceeding in a prosecution.
      If you know there are no witnesses. You can either do a no comment or just say he was lying and making it up. Unless other evidence comes to light I doubt you will go to court and even if you do its a minor!

  30. Miley says

    I read this and laughed my ass off! A no comment interview is asking for trouble, please search and inform yourself of ‘special warnings’ and ‘drawing a negative inference’ this whole article is bullshit

    • darkpolitics says

      You are free to laugh your ass off as much as you want but then you are dismissing the whole process of how a crime goes from the initial act to arrest to police bail to charge and then to court.

      If the police didn’t need an interview they wouldn’t give you one.

      Jurors/magistrates may make a negative inference from your decision not to comment in interview BUT it is your right to do so (In the UK anyway).

      If you feel that you can tell the police the whole event and not implicate yourself or others, or create new evidence for them to investigate then feel free. However I’m glad I’ve had multiple NFA’s through the post due to my decision to do a “no comment” interview, and from the numerous police men who have read or commented on this article it seems that the interview is a key stage in the whole process.

      By giving a “no comment” you are not providing the police with an admission of guilt and NOT doing their work for them. If you were actually guilty of a crime then saying one thing in interview and then another at court looks worse in the eyes of everyone than someone saying nothing in interview on the advice of their brief and then giving their account in court.

      I just hope the police never kick your front door down at 6am in the morning, arrest, and accusse you of a crime you never committed but could get you 10+ years in prison.

      Just because you “think” you can explain the situation to the police does not neccessarily mean that you will, OR that the police won’t just see your statements as lies, having already made their minds up about your guilt.

      As I say, I am not a lawyer so do your own research BUT I don’t want to go to prison due to the wording of an interview taken out of context by a clever lawyer.

  31. Sarah says

    I love this website and the advice given, I’m in a very nasty situation at present. I’m a 23 year old female. After leaving a very bitter ex partner 4 months ago I had detectives turn up heavy handed at my address 2 weeks ago early in the morning, whilst standing in my pyjamas in front of my family I was arrested by a complete bully of an officer for “attempting to pervert the course of justice” my ex has made a malicious claim about me, the offence I am alleged to have committed took place 16 weeks prior to my arrest. I am an honest person I have worked All my life, I can’t currently go to work whilst I have criminal proceedings against myself. At the police station I took badly ill (I suffer severe mental health problems) I was sectioned and have only just been released from hospital after 2 weeks as the stress caused a massive relapse in mental health. All evidence against me is purely word of mouth and circumstantial, however I am petrified as the offence is very serious being indictable only. I am bailed until next month and am living a life of hell due to a malicious claim by my ex and a witch hunt by the police

    • darkpolitics says

      Sounds like hell, thoughts go out to you. Being sectioned isn’t nice! ;)

      If it’s your word against his then it might not go to court as the CPS might think they don’t have enough evidence and they don’t like wasting money on cases where it is one persons word against another’s – this is one reason our rape conviction rate is so low!

      So it all depends on what you said or didn’t say in interview.

      Hope everything goes well with you!

  32. Robert says

    Hi,
    In July I was arrested at my home. I was driven 180 miles to a police station – where – on the advice of my brief – I gave a FIRST-EVER ‘No comment ‘ interview. I was bailed to appear there again today. But, last Friday, I had a letter from the arresting officer telling me to come back in November instead.

    Doe’s this mean they have little or no evidence to charge me?

    Thank-you.

    • darkpolitics says

      Hi Robert
      It looks that way. In that time gap if they had found enough evidence then when you were supposed to return for your police bail in September they would have charged you.

      However because they didn’t NFA you it looks like they are still looking into something.

      However if they haven’t found it yet then I guess they are either trying to pressure a witness, following a line of inquiry or trying to get enough evidence to charge you in November – your brief did the right thing and just proves that you CAN give a no comment interview AND that breifs DO advice doing them to help their clients.

      Cross your fingers for that NFA!

      • Robert says

        It arrived today. Your right – It feels like winning the lottery!

        I got my life back in order.

        Those cops really are bar-stewards!

        Thanks for your help mate.

        • darkpolitics says

          Sweet. I bet your happy as larry now.

          One happy customer – take heed naysayers – no comment is your friend!

  33. skypark sembawang says

    I do believe aall of the ideas you’ve presented to your post.

    They are very convincing and can definitely work. Still, the posts are
    too short for novices. May just you please lengthen them a bit from next time?

    Thanks for the post.

  34. darkpolitics says

    Can anybody who has read the details on this page from both me (top section) and the Anarchists site (bottom half) let me know if:

    a) they have used a no comment interview and got an NFA
    b) found the info helpful when being arrested
    c) found doing a “no comment” in an English Cop Shop has got them in MORE trouble at court and told by a brief that they should have done a comment interview instead.

    Any answers would be helpful to any who have read this.

    Also unless you have actually been arrested, or never given a no comment, there is no point replying.

    You cannot learn about being a drug addict from a book, you might think you do but addicts will tell you only another addict truly understands and it’s true. You learn theory not practise e.g pain, illness and emptyness.

    The same goes for being banged up in a cell with just a blue plastic mattress for days, beaten up by cops and spending time in lockup. Unless you have had that experience it is hard to understand why you wouldn’t want to help those “nice men in blue”, who are “only doing their jobs”.

    Any comments would be good.

  35. Nick says

    I was arrested a couple of weeks ago for theft, fraud and something else and bailed till November. It’s all work related.
    I hadn’t read this sight so when interviewed I did speak. I have not committed the offence I’m being charged with although I have made a number of errors in my recordings.
    I’m not a thief but constantly worrying that the police will return before my bail date and also worried that when I return I will be charged. Just wondering what to do as this is the first time I’ve ever been in this situation and worried. It’s not helping with my mental health issues either and the anxieties I’m currently suffering I’m constantly on edge thinking the worst

    • darkpolitics says

      Well if you are charged and go to court you can get your GP (make sure you see them ASAP) and others to give mitigating circumstances e.g mental health issues, depression. But get proper proof first.
      As for what the police will do, if you can argue it was just a mistake and that they cannot find a link with the money and your bank accounts or purchases etc then they may believe you. If you can make out you were ditsy due to stress etc then mistakes happen in any job. The problem with finance / accounting is if you make a mistake unless you can justify it the owner might think the worst.

      Best of luck to you

  36. moontune says

    when arrested does having No Fixed Abode/homeless affect your chances of bail and anything else !

    • darkpolitics says

      Yes having no fixed abode might make it harder to get police bail and definitley if you go to magistrates for remand. Always have an address you can put down, a mates house, even your old families house, they won’t check. They just don’t want to hear you say NFA as it means clink clink see ya! So have somewhere you can say your home is even if you slept in your car like I did for a year!

      • darkpolitics says

        Well I am sure you could but I am not sure on the legality of the wording (I am certainly no lawyer) is embellishing a no-comment interview, with extra wording eg “listen pig, no FXXXKING comment” a deviation from the UK law or not.

        It may be saying F-ALL in different terms, but it might be a deviation – would have to check. I do know I have been in a box for over an hour and only opened my mouth once to say no comment. I said it at the beginning “I will be giving a no comment interview” and then sat in silence as they rattled through their sheet for an hour. What happened? NFA!

  37. Moontune says

    Dont you think it would be ok to to embellish the ‘no comment ‘ occaisionally with for instance “certainly no comment !” or “that will have to be a no comment” even if only to relieve the boredom and stress ?

  38. Moontune says

    Good for robert. and best of luck to nick.
    _very interesting about all this.
    And certainly crumbs of comfort to anyone of us in these circumstances.also the personal experience and responses mentioned are helpful too. Well good.

  39. maps says

    A concerned colleague got a call from the cid/cops asking them to get in touch. They did not respond but think its to do with an item they sold to one of those high street cashconverter shops.
    they are concerned it may have come from a dodgy source and so may have difficulty explaining it. They dont know exactly what to do,to reply or hope it will fade away!

    • darkpolitics says

      Hi, so your mate is scared of being done for selling stolen items.

      It is actually the shops duty to check items to make sure they are not stolen but so is it your mates to ensure they don’t buy or sell stolen goods.

      However if you are passed a fake score in the street and go an spend it. Even though its bent cash you didn’t know. Its an honest mistake. The shop/cops may say well we need to take it as evidence and you lose out on £20 but unless you knew the note was dodgy when buying goods you are unlikely to be prosecuted (or if you are, it’s coz the police hate your guts).

      So if your mate can say he had no knowledge at all, that the item was stolen, and was sold it in good faith before selling it on. Then they have to prove your friend DID indeed KNOWINGLY buy stolen goods and then sell them on knowing he was committing an offence.

      If they cannot prove it, they have no case. A bit like when you drive off from a petrol garage without paying, I remember people used to do it all the time and they could never nick you just ring you up and say you forgot to pay, now pay or else we will do you for theft (as it could always be an honest mistake, like those celebrities who accidentally shoplift without realising!)

      If your mate tells the cops in interview he “thought” it was from a dodgy source and sold it on knowing that then he is basically admitting he sold stolen goods. He has done the cops work for them.

      The Desk Sergent will go “Charged”, the CPS will see it as a 100% penality kick and your mate is off to the magistrate to plead guilty as that’s all you can do by then to get a comminity order or fine/probation.

      So either stay quiet in interview – do a “no comment” and let the police do their job. OR risk trying to convince the cops it was an honest mistake and maybe put your foot in it, accidentally say something that makes your story seem unbelievable or put you or someone else right in the shit due to nerves.

      The choice is your mates but as I am not a laywer I would ask one for their advice.

      One time a friend of mine paid for petrol in my car at a garage with a stolen chequebook. My plates were caught on camera and later that night I got nicked.

      I said I was in the pub, met this bloke (my friend – I didn’t let on) and he said if I drove him home he would pay for my petrol. Therefore as I was in the car at the pump I had no idea how he paid for it and what he paid the petrol with. They didn’t even charge me as they couldn’t prove I knew my petrol was being paid with by a stolen chequebook.

      Just think about what you are going to say.

      Admitting you “think” it came from a dodgy source will only have the cops say “well why didn’t you do your duty as a fine upstanding member of the community and hand it into the local copshop and bubble your mate up”.

      What is the answer = “coz I wanted to sell it for money?” mmmm, yes, I can see that going down well.

      Anyway good luck

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  41. Costello says

    Hi new here never been interviewed by police.
    Short facts
    Last week a local policewoman PC in Lancashire called me and said my ex girlfriend has charged me with Domestic Violence charges for punching her and breaking her nose,some 9 years ago, back in 2005. I was Shocked.
    This never happened from me, her jealous husband came to our flat one evening and punched her,then fled in the nearby park.
    Tried to catch him but he was faster.
    There were few witnesses 2 of them tried to help me me chasing him but no witness inside the flat.
    She drove to hospital for nose treatment, etc,and she wanted me to keep incident secret from anyone being afraid not to be expelled from the UK
    Anyway her eyes were bruised,when anyone asked her who did it she said my boyfriend
    Everyone has forgotten that incident we separated 1 1/2 years later(2006)remained in very good friends,we meet each other many times since with no problems.A few weeks ago she rung/texts me asking if i was ok with cash to lend her for a nose reduction operation.I didn t say yes,said i will try my best without any promise,possibly in the summer if better with cash.
    She presented this to police as an admission i was guilty for hitting her and accepted to pay for her nose repairs.Isn t this manipulation?What do you think i should do with the interview?Many thanks for your advice

    • darkpolitics says

      Well as I keep saying I am not a lawyer so the first thing I would do is go and see one and see if you can get legal aid. You may even get an opinion on whether to do a no comment without having to pay for it. Just don’t rely on the Duty Solicitor at the cop shop as you can never trust them.

      Your case is the exact reason I wrote my last two pieces on Clare’s Law which is being brought in > http://www.darkpolitricks.com/2013/12/hopefully-answer-uk-home-secretary-unfair-clares-law

      This new law would mean any future partner of yours could be told about this offence EVEN if your not convicted or charged.

      It totally spins the law on it’s head and splits it in two – one for men and one for women as women will be able to find out about previous violent offences of a man but a man wouldn’t be able to do the same – 2 legal systems and it overturns the Re-Habilitation of Offenders Act when crimes are supposed to be spent.

      I suggest reading the article and writing to your MP as well like I did, the more people the better. Cases like yours show how future relationships could be ruined on the say so of a jealous or vindictive ex partner EVEN if your not charged as it will be on a police file somewhere and they could use it if they wanted to – UNFAIR!

      Personally I would do a no comment as its your word versus hers.

      They would need to prove you hit her. If you gave an interview you might say something to suggest it or accidentally infer something that they could use against you in court. Let them do their job and let your ex know she will be risking jail by lying to get back at you.

      Any evidence could come from the hospital she went to but if you were with her at the time and she wasn’t scared or frightened by you being her then they probably can’t remember the event anyway and a good brief would argue that, especially when it was years ago.

      Plus you can defend your decisions and hopefully find those witnesses who helped you chase the ex away that night.

      When it’s one persons word against another a no comment is one of the best things to do.

      What the evidence they have is would only come to light after being charged and then the CPS deciding to go to court. Your brief will get it all so that you can defend yourself properly and maybe if it went that far your ex might shit her pants – especially if you remind her that Perverting the Course of justice can lead to LIFE imprisonment (max sentence) I know I was up on it once – and also remind her that she will be perjuring herself (another hefty max sentence) by lying on the stand.

      You never know she might change her mind and drop all charges. Send some letters or print outs about Perjury and Perverting the Course of Justice and highlight the sentences to her house (anonymously obviously) if you cannot talk to her – she might get the hint.

      Wish you the best of luck but get some advice if possible from a proper brief.

      • ml says

        The problem is that he has already admitted to ‘knowing’ that she was in the country illegally.

        regards..m

        some legal training.

  42. tom says

    I found your webpage after searching “no comment” interviews. I wish I had read this a while ago as I was completely unprepared for my current situation. I’m currently on police bail till January the 8th, 3:00pm. I had a “voluntary” interview with the police a couple of weeks ago about an incident involving my Mothers ex partners house. Someone had tried to set the house alight by stuffing newspaper through the front door. I was called the following night by a DS who said they could send somebody round to arrest me or I could go in the next day for a “voluntary” interview. This I did by calling a solicitor to meet me at the police station the following day, while waiting for the solicitor a man came from beyond reception, said my name and asked me to step through a door and immediately cautioned me that I was under arrest. I went through the whole process and had my possessions taking away, ie phone, loose change. I was put in a cell and told my solicitor would be here shortly. After chatting to my solicitor, I was advised to say “no comment” to all questions. He told me to only state my name and DOB. This I did. I had my fingerprints taken and put back in a cell. After getting my belongings back, I was told my phone had been confiscated and that because it was an on going investigation I couldn’t have it back till the investigation was over. At no point was I told why I had been asked to have a “voluntary” interview. My bail tells me to stay away from the ex partner and his house. I have not been charged with anything. I haven’t been told what evidence they have on me ? I’m sitting tight but such a thing weighs on your mind heavily. Your advice has been a great comfort to me.

    • darkpolitics says

      Just be glad the cops didn’t take your keys out your belongings and then go into your house without a warrant as they did with me and scare the shit out of my sister who came out the shower to find 2 CID walking around the place. My old man went ballastic over that incident.

      Just know that if they haven’t charged you they are still looking for evidence. Even if they do charge you the CPS has to agree it’s worth the expense AND they have a reasonable chance of getting a conviction in court for it to proceed.

      Once you know the hoops they have to jump through and why they interview you in the first place it can be a lot more easier to handle.

      Hope your ok in the end!

      • Tom says

        Hey I’ve been contacted by the police saying they want the passcode to my iphone. My bail (without charge) date to return to the station was next Wednesday (8th Jan). I’ve said I’d have to consult my solicitor, they then said they’d serve a notice on me (section 49 RIPA) if I did not comply. I said I’d doubt I’d be able to get any advice at 16:30pm on a Saturday night, but I’d contact my solicitor first thing Monday morning. It seems like a desperate attempt to help them with their case against me and actually made me think they’re clutching at straws. They knew full well I wouldn’t be able to get advice at that time and threatened me with the notice hoping I’d take the bait. They have to give me time to comply, I’ve researched it thoroughly. I know its the law and I’ll have to give it. Problem is I may have forgot my passcode. Oops. I’ve been re-bailed till February 6th. I’m just pissed off about not having my phone tbh. Should I be this positive ?

      • Tom says

        I got a phone call on Tuesday 28th January saying they’re was “insufficient evidence” to proceed. No doubt giving a no comment interview and “forgetting” the pin to my iPhone helped. Just waiting for my NFA letter to make it official. I may even frame the letter and hang on the wall……………….

        • darkpolitics says

          Good news then! Send me a photo of your NFA if you do get a letter. I’d like to get one up on the site.

          • Tom says

            Will do.

          • darkpolitics says

            Sweet, would like to get a picture of one for the article. Moved too much to keep my own lawyer and cop letters from over a decade ago.

    • ml says

      you should really not have attended a ‘voluntary’ interview’ without advice.

      regards..

      m.

  43. Jem B says

    Hi

    So glad i came across your site.Sounds like you have been through a lot darkpolitics.

    Basically about 5 weeks ago I was in a bar, my first night out since having my little girl 6months ago, when a local girl i know started talking about me loudly. When i asked her what her problem was, she laughed called me a dumb bitch and told me she had slept with my boyfriend while i was pregnant. I had drank quite a bit so i dont remember who went for who first but we ended up in a fight. I completely forgot about it until yesterday when i received a note through my door asking me to call the station.
    When i called they asked me to go in for a interview next week as someone had made a claim of assault and they would have me in and out in 45 minutes.
    If they are interviewing me is this because they have no evidence? what about the bar cctv? I dont have any previous and im worried i wont get out to collect my daughter from nursery.
    Should i do the no comment interview? any reply would be appreciated

    • ml says

      Absolutely not, without taking legal advice first…after all if you were innocent why would you agree to a police station?

      regards

      m.

    • darkpolitics says

      Also, just so you know a recent case I was involved in – with a Bouncer – a fight in a club where he basically throat jacked me (I think I might have mentioned this) for no reason and bashed my head against two walls as I put my hands out wide to show I wasn’t going to hit him – didn’t mean jack. The CCTV in the club was of such poor quality it didn’t show anything and it certainly wouldn’t prove who said what to who first or second. OR what happened OFF screen.
      Unless the police do a 6 o’clock knock and arrest you then don’t go to the cop shop as Mr M says – if you are innocent and believe you have done nothing wrong then it is THEIR JOB to find evidence to prove your did something wrong and then question you – where you do a no comment – then they have to actually work to find the evidence as you haven’t handed it to them on a plate by saying “yes I did her BUT…..” or “she was saying X, Y, Z so I hit her…..” >>> job done – confession – no need for the cops to get off their butts and do some work.

  44. skido says

    This is a nice article. In my case I was arrested for the first time in my life and it was based on my wife Bigamy case and it later went into fraud case and I was interviwed and cos have got no idea, I didn’t maintain no comment. Reading this article now really scared me and makes me think I should have maintain no comment. But what happen in a case where I can still maintain on my first comments?? And can I still say no comment in my second interview??? I haven’t been charged cos they are still investigating and we were both release on bail without condition. I’m really scared now and don’t know what to do. Please advise me.

  45. darkpolitics says

    You can always do a no comment interview whether its your first or third interview (UK LAW) however if you have already said something in your first interview that leads to either incriminating evidence being found or your own statements being used against you then you can’t really roll that back. the cat is out the bag so to speak.

    However the fact you are still on Police Bail and haven’t been charged yet means they are still investigating and if they re-interview you instead of just charging you on your return from Police Bail then you should know that they are still looking for answers to questions they have come up with or evidence they have found in that time. This means they WANT you to admit that “this t-shirt / shoes / coat / belongings are yours” or “this bank account withdrawal was for drugs / prostitutes/ x. y or x” – Saying YES just means they dont have to prove it as you have admitted it for them and why are they asking in the first place if they already know? They may have an idea that this is the case but with your admission that they are right you have played into their hands.

    If you don’t do the police’s job for them by giving them what they want then at least they have to earn their living by getting corroboarating evidence and even if they do charge you the CPS has to think the case is in the publics interest. Then even if you go to court you can get a good barrister and plead your case to 12 peers (if you go to Crown Court) (which is a lot better than 1 Magistrate who has heard a million cases and says Guilty most of the time) –

    Your choice – can you convince 12 average people of your community that you are innocent?

    But remember – I am no lawyer – I just have had experience with the Police and the UK legal system therefore get proper legal advice if you can.

    Read up on UK case law, as judgements are based on precedents and if you cannot afford a lawyer you should get one provided for you – so make sure they are a good one!

  46. S W says

    Hi, I have been arrested for stealing money from work and was court on cctv at the cash machine in the street, my duty solicitor then told me to say “no comment” from then on & is all I should say, I must admit seeing yourself on cctv doing something I shouldn’t really shook me up, I have mental health issues from my past and I have been bullied at work by my boss over the last year and in a meeting one day she ended it by referring to something that happened to me in my past, which finished me off and caused my mental illness back with a vengeance, and from then on for about a couple of months I really did not know what I was doing, yes I should have seeked help from my GP, but that’s all within hindsight now, and when I got arrested I can honestly say I didn’t realise I had stole money, I have never been in trouble before, I am 30 years old, anyway my question is, they didn’t charge me, they have bailed me to come back in a month, but if they have me on cctv why did they not charge me? What do think will happen next? Will I go to prison for this? I am really worried, I didn’t even want any money my mind is so blank over this,

  47. S W says

    Hi, I have been arrested for stealing money from work and was court on cctv at the cash machine in the street, my duty solicitor then told me to say “no comment” from then on & is all I should say, I must admit seeing yourself on cctv doing something I shouldn’t really shook me up, I have mental health issues from my past and I have been bullied at work by my boss over the last year and in a meeting one day she ended it by referring to something that happened to me in my past, which finished me off and caused my mental illness back with a vengeance, and from then on for about a couple of months I really did not know what I was doing, yes I should have seeked help from my GP, but that’s all within hindsight now, and when I got arrested I can honestly say I didn’t realise I had stole money, I have never been in trouble before, I am 30 years old, anyway my question is, they didn’t charge me, they have bailed me to come back in a month, but if they have me on cctv why did they not charge me? What do think will happen next? Will I go to prison for this? I am really worried, I didn’t even want any money my mind is so blank over this, please advise me,

    • darkpolitics says

      Probably because if you did a no comment interview the CCTV on it’s own is not enough to “prove” it was you. It could have been your doppleganger, a person who looked like you or just bad CCTV tape.

      I myself made the mistake of thinking that because I had been caught on CCTV I was bang to rights but I was told by my brief at Crown if I had gone no comment that was the only evidence and not enough to convict me.

      They obviously play the tape to you in the hope you go “oh yes that’s me, im sorry” – then that’s the Police’s job done. No more investigation as they have your confession.

      So you could have either got charged there n then by admitting it was you and 100% gone to Court but now you have a chance of an NFA, the CPS not prosecuting and a Jury or Magistrate going Not Guilty or Acquitting you. Which is the better of the two?

  48. Nancy says

    hi,
    I have been accused by someone in uni of stealing her phone 2 months back. Which is not true. and apparently my younger sister used the sim card that was in the stolen phone so on this base I got arrested today for the first time ever. the place where it got stollen is a huge room that allows us to paint and everyone leave their belonging at one place which is accessible to everyone. I think that some one is trying to trap me and placed the sim in my bag and then my younger sister used it thinking that its a spare card. Since i was unfamiliar with the police business I requested a solictor and she asked me as for now just keep saying no comments. I followed her comments and got bailed the police said that they will see the cctv and have asked me to come next month for another interview. I know they won’t be able to prove it as I know I haven’t done anything like this. and after I’m free with this can I file a complain against this person who have filed a case against me and put me into so much of trouble and waited my time. I am just so stressed out I can’t even concentrate in my studies. will you be able to advice me?

    • darkpolitics says

      Well only if you can get enough evidence to get that person to confess they stitched you up. It works both ways. Your sister needs to explain why she used the SIM, and I don’t know why it wasn’t her who got nicked if she used the stolen phone? Remember CCTV is crap, they said on the news that it is almost useless sometime back due to the bad quality of most tape. Therefore never admit something just because they say you are on tape. It could be someone who looks like you or a bad copy of the tape or the tape might not show the act happening. Don’t take the Polices word on the matter. Unless you go “yes thats me on tape stealing the phone” then they have to get more evidence. They use the CCTV trick in the hope that you go “oh yes its me” – job done – Police go home for doughnuts and coffee and you go to Jail. So don’t do their job for them by confessing just because you think they have you on tape. Read some of the previous comments about CCTV and what has happened. I myself recently couldn’t prove a fight was started by a bouncer because the CCTV was so rubbish as it is in most cases. They use it more as a deterrent than for evidence as they think people will act differently (which they will) if they know they are being watched – Big Brother! So don’t give into their mind games.

      As for punishing the other person I have no idea about that – I have never grassed anyone up and would never ask the police for help unless someone in my family was Murdered or Raped etc. I have had so many bad incidences when I was younger that I just don’t even trust them to help me any-more. Seek proper legal advice after your are off your charge but realise that someone DID steal this persons phone and someone related to you DID make a call on it.Therefore it might not be a conspiracy out to stitch you up at all. It could have been a mistake or accident or any of a number of other things.

  49. marcos says

    Thankfully

  50. Anonymous says

    My wife was arrested last year, and remains on police bail after several months. I am glad that I found this article. She was instructed by her solicitor to give no comment interviews. She has been interviewed twice, and bailed 4 times.

    We are not convinced the case will get to court, but we are always concerned that it might. The effect of this for her may be devastating, and it’s been hard enough being left in limbo for several months.

    • darkpolitics says

      Well I am glad she has been bailed 4 times, that’s a lot and if they havent’t managed to get enough evidence after 4 bail extensions they are unlikely to do so. Just hold on mate it could be over soon – and if you get an NFA, please send me a copy, someone else was going to but I never got it.

  51. Anonymous says

    Thanks, I hope so too. It has taken a long time, but we are doing OK. It gets hard at times because we have never had to deal with the police until this event – so this is all a big unknown. The last bail she was questioned over the content of her text messages which leads us to believe that they do not have a lot to go on, but we remain hopeful that an NFA will be coming our way soon.

    • darkpolitics says

      If you don’t mind me asking, what is the charge?

      If you are doing anything dodgy on phones remember this:
      -Get a phone you can take the battery off – take it out whenever you go somewhere you shouldn’t (no GPS OR Triangulation from phone mast tracking) – even turning a phone off has enough power left for them to ping masts, track you by GPS, turn on your camera and microphone and listen and watch you (if they wanted)
      -OR if you are going somewhere – leave your phone at home, and ask a friend to look after it. Then get someone else to ring it whilst you are away. Phone history (which lazy cops rely on now) will show your alibi was you were at home, and the call with prove it.
      -Delete texts ASAP after sending them.
      -Even better don’t text anything dodgy, talk IN PERSON to the other person. OR use a TOR based msg system going through proxies to send messages.
      -Sit outside a pub, shop, cafe with WIFI – a free app called “Fast Connect” shows you all the ones free in your area. The IP will be logged as that cafe/pubs IP. You can also get TorBOT and Tor based browsers on your phone.
      -Best phones are those numpty old ppls ones OR very old nokias, battery comes off, no GPS or internet, just text n calls. No inbuilt databases for iPhone n google to track you either.

      Not that I am saying you are a career criminal that needs to do any of this – just use the tech against the system – they are using it against you!

  52. Anon says

    I’d prefer not to divulge in public…

    However, she has not been charged yet. She is appearing for bail again shortly though.

    • darkpolitics says

      Ok good luck, but if you get an NFA please forward it on!

      • Suzanne Walker says

        Is the site still running?

  53. emma says

    My bf has a history with the police, nothing serious but was recently caught driving with no licence or insurance. Problem is that it was my car, they made him get out and took the keys off him..then they went to my parents house looking me at 4am! I was cautioned (at 5am so was half asleep!) They then dosed me for a few weeks as they couldnt reach him, to gt him to go to the police station to a point where I had to get a solicitor to go wih him. We have now received a court summons through the post. I know he will get charged but can I?? I thought if it was a caution that was it. Seriously worried about losing my job as a lecturer down to his stupidity

  54. carol says

    HELP
    Ive been rang today and asked to attended a voytary interview for a allegation of theft from 6 months ago il explain from march 2013 to december 13 i was helpin a friends nephew he claimed he couldnt read and write and claimed he was not great with dealing with stuff he had no family apart from his mum in a care home and a auntie who didnt seem intrested!
    he asked me to go with to various appointments re his mum and once a week he asked me to go with him to a atm to get his money for week he was always with me he never once gave me his bank card to go along always he stood beside me everytime and i only ever withdrawn what he asked well in dec after discoverin he had liered about many things i broke contact now 6 months on he made a allegation of theft sayin ive stole from him ! after reading all the above im thinking do i do a no commet interview and keep stum cos if they have evidence surley i been arrested and charged ?

    • darkpolitics says

      Yes, and they would come and arrest you and read you your rights rather than “ask” you to attend a voluntary interview.

      They are obviously trying to get your side of the story to determine whether this boy is making up stories (he may have a history of lying known to the police) or whether you will admit to them under caution that you did in fact steal money from him OR imply you did.

      Remember I am not a solicitor but if they wanted to nick you they would do. This means they only have one persons word against anothers. However if you do, do a no comment bewarned that if they believe he is telling the truth and feel it is suspicious that you gave a no comment interview that they may proceed to magistrates court. However I would go straight down to your local (non Police associated solicitors) to ask them for the best advice.

      Remember if the police have the evidence they charge you ASAP they don’t waste time with interviews. Interviews are so you can do their job for them and save them the time of actually doing Police work to find out if the boy is a liar, a known trouble maker or check bank machines and the photos taken from them to see if you did in fact take money from the machine that he claims you did on that day.

      They have a lot of work to do to prove you did steal it if it is months later and his word v yours due to some falling out. Therefore they want you to admit to taking money out of machines for him so they can say you took some extra and kept it.

      Your choice – but they would nick you if they had the evidence

      • darkpolitics says

        Just to let you know what a bunch of authority abusing cxxts the old bill are. Today I was pulled up by undercover old bill outside my office and told I was “acting suspiciously” and was going to have a drug search.

        With the 30C heat which I hate and the meds I am on for my pain I was sweating and hot and had a really dry mouth – this just made the cop think I was more suspicious and she didn’t even believe I worked in the office that 4 old bill cars pulled up outside in which everyone was looking out.

        I was taken off for a strip search at the local station by 2 male cops, they didn’t know the exact reason I had been stopped and on my form I was given afterwards (as they found nothing in my car or on me) it just says “seen acting suspiciously – possible drug activity”.

        I then got back to work to find out that the female cop who wouldn’t tell me why I had been stopped had told my BOSS that I had been seen DEALING DRUGS in the next town!

        No-one told me this and if they had I would have accounted for every movement I had made that morning.

        That could have lost me my job.

        I am just lucky my boss is mellow and not like my mates boss who when he came out of prison and tried going straight only had the local wanker cop go in one day and tell his boss that he had used to be a thief. He lost his job and ended up back doing crime and got a 6 year stretch for a robbery.

        So if you wonder why I hate the old bill here is a perfect example. No caution given – not arrested but humiliated in front of my work colleagues and taken off in handcuffs for a strip search and nothing was found.

        NFA = No Further Action

        Apart from a lot of explaining on my part to my work mates and boss!

        Wankers!

  55. sean says

    yes i do know the police have a hard job to do, but and befour i wright this and im not saying all police do this but some police out there when thay put that uniform on that makes them above the law and im not just saying it im a person its happening to wright now in lowestoft suffolk and no police offercer is above the law no copper is and that is FACT

Continuing the Discussion

  1. Tweets that mention A guide to “No Comment” police interviews | Dark Politricks -- Topsy.com linked to this post on October 26, 2010

    [...] This post was mentioned on Twitter by DarkPolitricks, Dark Politricks RT. Dark Politricks RT said: A guide to "no comment" interviews and why keeping quiet is in your best interest. don't do the polices job for them > http://bit.ly/d1lnTR [...]

  2. Just a few of the things we have done wrong in the last ten years « Dark Politics linked to this post on September 22, 2012

    [...] turning the UK into the most surveilled nation in the world and destroying civil liberties, removing the right of silence without prejudice, trying to introduce national ID cards, curtailing the rights of protesters, allowing 30+ agencies [...]

  3. The innocent person's guide to being arrested | Gaz The Journo linked to this post on September 1, 2013

    […] http://www.darkpolitricks.com/a-guide-to-no-comment-police-interviews/ – the anarchists’ guide to police interviews. Insightful. […]

  4. Dr. Vincent Malfitano linked to this post on September 26, 2014

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