I exercised my right to silence. Did I do the right thing?
When facing a police interview under caution, it’s not uncommon to feel overwhelmed and unsure about how to respond. One of the most fundamental rights in English law is the right to remain silent – but deciding whether or not to exercise that right can weigh heavily on someone’s mind, especially afterwards release from the police station. So, if you chose to remain silent during your police interview, you may now be wondering: Did I do the right thing?
What Does the Right to Silence Mean?
Everyone interviewed by the police under caution has the legal right to remain silent. The caution itself states:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
This warning reflects that while silence is a legal right, it can sometimes have consequences—particularly if you later raise a defence in court (should the matter proceed to court) that you didn’t mention during interview. This is referred to as an "adverse inference."
Why might someone choose to exercise their right to silence?
There are several valid reasons why a suspect may decide not to answer police questions:
• Guilt – The suspect may be guilty and chooses to exercise their right to remain silent to avoid self-incrimination. This is a legal right, and in most cases, the burden remains on the prosecution to prove their case beyond reasonable doubt.
• Lack of disclosure – If the police have not disclosed the evidence against you, it may be unsafe to answer questions without knowing the case being put forward.
• Legal advice – A solicitor may advise silence to protect you from saying something that could later be misinterpreted or used unfairly.
• Emotional distress – Being in a police interview can be a high-pressure situation. If you are feeling overwhelmed, remaining silent can be the safest option in the short term.
• Complexity of the allegation – In more serious or sensitive investigations (e.g. online offences or allegations involving multiple parties), it may be important to pause and consider your legal position carefully before making any statement.
I have never been in trouble, surely I will be given the benefit of doubt if I explained everything?
It’s important to recognise that for many individuals — especially those who are otherwise law-abiding — there can be a strong instinct to fully cooperate with the police, even to the point of making a full confession in situations where there is no clear evidence to support the allegation. This often stems from a belief that honesty, transparency, and a clean record will naturally result in fair treatment or the benefit of the doubt. However, this can be a serious mistake.
Any account given to the police must be carefully considered, and the information shared should be focused, relevant, and directly address the specific allegation. Without proper legal advice, there is a real risk that a suspect’s words may be taken out of context, misinterpreted, or used in a way that inadvertently supports an allegation. Even truthful statements can be damaging if they are poorly worded, incomplete, or misunderstood.
This is why it is essential to seek legal advice before saying anything during a police interview. Having a solicitor present not only protects your rights but helps ensure that your account is presented clearly, accurately, and in a way that supports your defence.
Often, during an initial police interview, the evidence held is limited or incomplete. Volunteering a full confession without understanding the full scope of an allegation or the strength of the evidence can have long-term and life-changing consequences. Unfortunately, good character alone will not shield you from prosecution.
At the time of writing this blog, we are dealing with cases where suspects attended the police station without legal representation and made full admissions during their interview. In one such case, following the examination of their digital devices, there is no evidence to support several of the offences they confessed to. Unfortunately, we are now faced with a damaging interview record and limited supporting evidence, which we are actively challenging through the courts after they were charged with an offence.
Are there drawbacks to remaining silent?
Yes, particularly in low-level cases where the police may be considering an out of-court disposal, such as a Caution or Community Resolution. In these instances, exercising your right to silence may forfeit the opportunity to receive such an outcome. These disposals are often offered to individuals who admit the offence at the earliest stage.
If you've already had your interview and remained silent, it’s not too late to seek legal advice. Speak to a solicitor immediately about whether negotiations with the police or a letter of written representations may be appropriate. A solicitor can advocate on your behalf, outlining why a caution or community resolution is the most suitable and proportionate conclusion to your matter.
Remember, a solicitor’s job is to act in your best interest at all times. Achieving the minimum legal consequence, where appropriate, is often the best legal strategy.
What happens after remaining silent?
If you exercised your right to silence, it does not mean your case is doomed, nor does it suggest guilt. In fact, in many cases, saying nothing is the best legal strategy—especially at the early stage of an investigation.
However, depending on the circumstances, remaining silent may lead to:
• Further investigation – The police may continue gathering evidence or invite you back for a second interview.
• Opportunity for clarification later – You may be able to clarify your position at a later stage through a prepared statement or during Pre-Charge Engagement with the help of a solicitor.
• Adverse inference at court – If you raise a defence at trial that you did not mention when interviewed, the court may draw a negative inference from your earlier silence.
Moving Forward: What you can do now?
If you’re unsure about what happens next or concerned that your silence may have affected your case, it’s essential to speak with a solicitor as soon as possible. You may still have the opportunity to:
• Engage in Pre-Charge Discussions – Submit additional evidence or representations to the police before a charging decision is made.
• Prepare for a second interview – With legal support, you may be invited to give an account at a later stage.
• Begin proactive steps – Depending on the allegation, counselling or early rehabilitation can support a more favourable outcome.
Choosing to exercise your right to silence is never an irreversible mistake. It is a protected legal right designed to shield you, and in many cases, it is the most appropriate course of action. What matters most now is how you move forward and the legal support you have in place to guide you through the next steps.
Whether your case involves serious allegations or lower-level offences, expert advice can help you navigate your options and achieve the most appropriate and proportionate outcome.
