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I'm definitely not a lawyer, but I believe that the court may draw an inference from your silence. You are innocent and decided to remain silent only to have a

I'm definitely not a lawyer, but I believe that the court may draw an inference from your silence. You are innocent and decided to remain silent only to have a perfect explanation that fits will all evidence known to the police weeks later. Why didn't you offer this earlier? There is an interesting TV show called 24 Hours in Police Custody[1] that follows people in the 24 hours after they are arrested. Naturally, there are many scenes of police questioning. Plenty of people do just answer "No comment" to every question, even after consulting a solicitor. [1] https://en.wikipedia.org/wiki/24_Hours_in_Police_Custody https://en.wikipedia.org/wiki/24_Hours_in_Police_Custody

mewpmewp2 6y ago
If they ask you why you didn't offer this earlier, you send them a link to this video. But in all honesty, I think it's of course very different when it's a PR situation vs a court situation. If you are asked about what just happened by press, "no comment" or "wanting to plead the fifth" might instantly make you enemy of the public even if you are innocent and want to be strategic about it.
mlrtime 6y ago
"Under advisement of my lawyer I respectfully decline to comment"
leetcrew 6y ago
> I'm definitely not a lawyer, but I believe that the court may draw an inference from your silence. You are innocent and decided to remain silent only to have a perfect explanation that fits will all evidence known to the police weeks later. Why didn't you offer this earlier? this is my understanding of the UK system too (note: I am an american). it's quite different in the US because, among other things, the jury is explicitly instructed not infer anything from the defendant's use of their 5th amendment protection against self-incrimination. even if you have a perfect explanation for what happened, it's often best to just be quiet and let the prosecution fall apart.
- lawtalkinghuman 6y ago
  The negative inference comes from the fact that you can't push an affirmative defence at trial that you haven't hinted at during questioning. So, if you are arrested for beating up X, and you invoke your right to silence, THEN at trial you put forward a defence of "I wasn't there!" without any substantive evidence to back it up, the prosecutor can say "well, look, if there was an alibi, why didn't you tell the police about it?" The judge is supposed to then instruct the jury that they can draw an inference as to your honesty on the grounds you didn't bring it up during police interview. The legislation that brings that into force are ss34-39 of the Criminal Justice and Public Order Act 1994. https://www.legislation.gov.uk/ukpga/1994/33/part/III/crossheading/inferences-from-accuseds-silence https://www.legislation.gov.uk/ukpga/1994/33/part/III/crossh...
  - Cullinet 6y ago
    "The negative inference comes from the fact that you can't push an affirmative defence at trial that you haven't hinted at during questioning." absolute nonsense the statute with the meaning that you are trying to whitewash your argument applies only to application for dismissal of the indictment based on a claim it's reasonable for you to have provided earlier thereby preventing the proceedings progressing to court
Cullinet 6y ago
"Plenty of people do just answer "No comment" to every question, even after consulting a solicitor." precisely because that's the best advice that you will get from a solicitor in the circumstances! I rather belaboured my earlier responses to this same question, because I wanted to make it understood how rarely there's any justification to arrest someone. UK LEO arrest people by default and they absolutely do not have a automatic right to arrest anyone and certainly not only to bring you in to interview.

mewpmewp2 6y ago

If they ask you why you didn't offer this earlier, you send them a link to this video. But in all honesty, I think it's of course very different when it's a PR situation vs a court situation. If you are asked about what just happened by press, "no comment" or "wanting to plead the fifth" might instantly make you enemy of the public even if you are innocent and want to be strategic about it.

mlrtime 6y ago

"Under advisement of my lawyer I respectfully decline to comment"

leetcrew 6y ago

> I'm definitely not a lawyer, but I believe that the court may draw an inference from your silence. You are innocent and decided to remain silent only to have a perfect explanation that fits will all evidence known to the police weeks later. Why didn't you offer this earlier? this is my understanding of the UK system too (note: I am an american). it's quite different in the US because, among other things, the jury is explicitly instructed not infer anything from the defendant's use of their 5th amendment protection against self-incrimination. even if you have a perfect explanation for what happened, it's often best to just be quiet and let the prosecution fall apart.

lawtalkinghuman 6y ago
The negative inference comes from the fact that you can't push an affirmative defence at trial that you haven't hinted at during questioning. So, if you are arrested for beating up X, and you invoke your right to silence, THEN at trial you put forward a defence of "I wasn't there!" without any substantive evidence to back it up, the prosecutor can say "well, look, if there was an alibi, why didn't you tell the police about it?" The judge is supposed to then instruct the jury that they can draw an inference as to your honesty on the grounds you didn't bring it up during police interview. The legislation that brings that into force are ss34-39 of the Criminal Justice and Public Order Act 1994. https://www.legislation.gov.uk/ukpga/1994/33/part/III/crossheading/inferences-from-accuseds-silence https://www.legislation.gov.uk/ukpga/1994/33/part/III/crossh...
- Cullinet 6y ago
  "The negative inference comes from the fact that you can't push an affirmative defence at trial that you haven't hinted at during questioning." absolute nonsense the statute with the meaning that you are trying to whitewash your argument applies only to application for dismissal of the indictment based on a claim it's reasonable for you to have provided earlier thereby preventing the proceedings progressing to court

Cullinet 6y ago

"Plenty of people do just answer "No comment" to every question, even after consulting a solicitor." precisely because that's the best advice that you will get from a solicitor in the circumstances! I rather belaboured my earlier responses to this same question, because I wanted to make it understood how rarely there's any justification to arrest someone. UK LEO arrest people by default and they absolutely do not have a automatic right to arrest anyone and certainly not only to bring you in to interview.