Interview Under Caution: No Comment vs Prepared Statement — Which Is Right for You?

Facing an Interview Under Caution (IUC) is stressful, but you have options. The big decision is whether to answer questions, say “no comment”, or give a prepared statement and then decline further questions. The right choice depends on disclosure, evidence, and risk.

What is an Interview Under Caution?

An IUC is a recorded interview conducted under the Police and Criminal Evidence Act (PACE). You will hear the formal caution. Everything is recorded and can be used in evidence. There is no “off the record.”

Your Core Rights

• Free legal advice—you can have a solicitor attend and advise.
• Pre-interview disclosure—your solicitor should request a summary of the allegation and key evidence.
• Breaks & fitness—you must be fit to interview; request breaks or medical review if needed.
• Interpreter/Appropriate adult—if required, insist on proper support.
• The right to silence—you do not have to answer questions.

Option A: “No Comment”

A full “no comment” interview means you decline to answer questions. It can be the safest choice where:

• Disclosure is thin or late, and answering risks guessing or filling gaps for investigators.
• There are complex facts (digital forensics, timelines) that you cannot safely address without full papers.
• You are tired, stressed, unwell or otherwise not fit to be questioned.
• Questions are speculative, leading, or outside the disclosed scope.

Adverse inference: in some circumstances a court may later be invited to consider why you did not mention a fact at interview that you rely on at trial. This risk is managed by recording clear, legitimate reasons for silence (for example, inadequate disclosure or acting on legal advice).

Option B: Prepared Statement (+ “No Comment” to questions)

A prepared statement lets you place a carefully drafted account on the record—on your terms—then refuse further questions. It is useful when you want to:

• State a consistent, limited position (e.g., alibi, lack of intent, innocent explanation).
• Address a key issue without the risk of being led into speculation or contradictions.
• Avoid giving investigators extra material to explore when disclosure is incomplete.

How it works: you (or your solicitor) read the statement into the record and hand in a copy. After that, reply “no comment” to all questions to avoid inadvertently undermining the statement.

Option C: Full Q&A

Answering questions may be sensible where disclosure is adequate, the facts are simple, and you can confidently rebut the allegation with verifiable detail (for example, a straightforward misunderstanding with supporting documents). Proceed with caution—once you start answering, you may face probing on areas you did not anticipate.

How to Choose: A Simple Decision Framework

1. Disclosure first: what exactly do they say you did? What evidence do they claim to have?
2. Map your risks: could open Q&A harm you if disclosure is incomplete?
3. Is there a concise, defensible position? If yes, consider a prepared statement.
4. If in doubt, protect yourself: “no comment” may be safer than guessing.

Before the Interview: 8 Practical Steps

1. Demand meaningful pre-interview disclosure via your solicitor.
2. Agree the scope of questioning (timeframe, topics) where possible.
3. Assess fitness to interview; do not proceed if you are unwell or exhausted.
4. List documents or devices that may help (but avoid volunteering access without advice).
5. Draft a prepared statement if you need to fix your position without open Q&A.
6. Pre-agree “pause triggers” with your solicitor (e.g., unexpected topics or new evidence).
7. Keep answers—if any—short, factual and verifiable. Do not speculate.
8. Afterwards, debrief and plan next steps (evidence gathering, representations, bail/RUI strategy).

Common Pitfalls to Avoid

• Speculating to “help”—speculation can become a damaging admission.
• Talking off the record—there is no such thing; corridors and breaks are not safe.
• Jokes or sarcasm—tone does not translate well on transcripts.
• Volunteering passwords or devices without specific legal advice.
• Over-explaining—say too much and you create new lines of enquiry.

After the Interview: What Next?

• Agree a follow-up plan with your solicitor (evidence to obtain, witnesses, CCTV, digital material).
• Consider targeted pre-charge representations to the officer/CPS.
• If on bail, diarise review dates; challenge disproportionate conditions.
• Preserve relevant messages, photos, and records—do not delete anything.