Your Right to Silence
You cannot be forced to answer police questions, and you cannot be forced to give evidence at your own trial. Since the Criminal Justice and Public Order Act 1994, however, silence is not always consequence-free: in defined circumstances a court may draw 'adverse inferences' from it. Understanding the police caution — and the safeguards that limit when inferences are allowed — is essential before deciding how to respond in an interview.
Last updated: 2026-07-30
Your Rights
The Right to Say Nothing
The caution itself states your right: 'You do not have to say anything.' Answering police questions in interview is not compulsory, and refusing to answer questions is not an offence — the caution's warning is about possible consequences at trial, not about any duty to speak.
You Cannot Be Convicted on Silence Alone
Even where a court is permitted to draw an adverse inference from silence, you cannot be convicted, found to have a case to answer, or have proceedings transferred for trial solely on that inference. There must always be other evidence against you.
No Inference If You Were Denied Legal Advice
If you were detained at a police station and had not been allowed an opportunity to consult a solicitor before being questioned or charged, no adverse inference can be drawn from your failure to mention facts. In that situation the police must give an alternative caution which does not warn that silence may harm your defence.
You Cannot Be Forced to Testify at Trial
A court or jury may draw such inferences as appear proper if you choose not to give evidence at trial, but you are not compellable to give evidence in your own defence, and refusing to do so is not contempt of court.
A 'Special Warning' Before Object and Presence Inferences
Inferences from your failure to account for objects, substances or marks, or for your presence at a particular place, cannot be drawn unless the officer first told you in ordinary language what the effect of failing or refusing to comply would be — and, if you were in detention, only if you had been allowed the opportunity to consult a solicitor first.
Free, Private Legal Advice Before You Decide
You are entitled to consult a solicitor privately at any time while in custody, free of charge, and once you have asked for legal advice the police generally cannot question you until you have received it.
Common Myths
Staying silent means you'll be found guilty.
Section 38(3) of the CJPOA 1994 says a person shall not have a case to answer or be convicted of an offence solely on an inference drawn from silence — an inference can only ever support other evidence.
If you're innocent, going 'no comment' can never harm you.
Under s.34, if you fail to mention a fact you later rely on in your defence — one you could reasonably have been expected to mention when questioned under caution — the court or jury may draw such inferences as appear proper. That is exactly what the caution warns about.
Adverse inferences always apply, whatever the circumstances.
They do not. If you were at a police station and had not been allowed the opportunity to consult a solicitor, s.34(2A) prohibits the inference, and the police must use the restricted caution: 'You do not have to say anything, but anything you do say may be given in evidence.'
You can be forced into the witness box at your own trial.
Section 35(4) confirms the accused is not compellable to give evidence and commits no contempt of court by not testifying — although the jury may be permitted to draw inferences from a failure to give evidence.
What To Do
Ask for a Solicitor First
Before answering anything, say clearly that you want legal advice. It is free at the police station, and the duty solicitor is available 24 hours a day and independent of the police.
Wait for the Advice
Once you have asked for legal advice, the police cannot question you until you have got it, with only limited exceptions that require a senior officer's authority.
Listen to Which Caution You Are Given
The standard caution warns that not mentioning something you later rely on may harm your defence. If adverse inferences are not permitted — for example because you have not had access to a solicitor — the alternative caution applies and silence cannot be held against you.
Take a 'Special Warning' Seriously
If officers ask you to account for an object, substance, mark or your presence somewhere, and explain the consequences of not complying, consult your solicitor about how to respond before deciding.
Decide Trial Evidence With Your Lawyer
At trial, choosing not to give evidence can allow the court or jury to draw inferences under s.35, though you can never be forced to testify — weigh the decision carefully with your legal team.
Key Legislation
- Criminal Justice and Public Order Act 1994 (ss.34–38)
- Police and Criminal Evidence Act 1984 (PACE) and Code C
- Human Rights Act 1998 (Article 6)
Useful Contacts
Duty Solicitor
Free, independent legal advice at any police station, available 24/7.
Tel: Ask the custody officer
Citizens Advice
Free, confidential advice on your rights in the criminal justice system.
Tel: 0800 144 8848
Website