No matter where you are, no matter what the situation, when it comes to talking to the police – as suspect or victim – it always pays to say as little as possible.
Here are some important reasons why…
YOU CANNOT TALK YOURSELF OUT OF AN ARREST
If you have been stopped in the street, pulled over in your vehicle or the police have knocked at your door, chances are they suspect you of having done wrong.
At this stage, the biggest mistake people make is to assume the police just want to hear their side of the story. When in reality all they are looking for is PROOF. And the more you talk, giving your version of events, the more likely it is that they will find something, ANYTHING that they can prosecute you for, simply by your own self-incrimination.
If the police approach you with a reasonable suspicion that you may have broken the law, they will arrest you plain and simple. They won’t be interested in hearing your side of the story with an open mind or a sympathetic ear.
You cannot talk yourself out of an arrest! If the police are talking to you, it’s most likely because they don’t have enough information to arrest you. Yet.
So keep quiet! You aren’t obliged to help them, so don’t.
THE POLICE AREN’T INTERESTED IN HEARING ABOUT YOUR INNOCENCE
Contrary to your fundamental rights the police tend to assume guilt before innocence and therefore expect everyone to explain themselves when confronted.
It is not for you to prove your innocence. It is up to the police to prove your guilt. Explaining yourself is both fruitless and counter-productive. Often the more you try to convince them of your innocence, the more likely they will assume you have something to hide.
Don’t ever succumb to police insistence that you ‘explain yourself.’ Especially if you feel intimidated or pressurised. Under pressure it’s very easy to have a lapse of memory or make a slip of the tongue, which could result in you saying something which sounds like a lie, or is mistaken for an admission of guilt.
The more uncomfortable you feel in the presence of the police, then the less you should say. Especially when you have no legal representative to advise you and the police’s probing sounds like an on-the-spot interview.
YOUR SILENCE CANNOT BE USED AGAINST YOU
The police may tell you that if you refuse to answer their questions, your silence could be used against you in court. This is a reference to ‘adverse inference’, and the suggestion that it applies to those who refuse to answer police questions is wrong.
Adverse inference applies to conflicting evidence you may give in court, not your refusal to speak to the police.
If during a recorded police interview you refuse to answer a direct question, and months later you arrive in court and THEN choose to answer that question, the judge could rule it as ‘adverse inference’. In other words, you are most likely lying. Having taken the time between your arrest and court to improvise a defence.
Adverse inference is not designed to force people to answer police questions. Your refusal to speak to the police CANNOT be used as an indication of guilt. In fact if you withhold the same facts from both the police AND the court, then no adverse inference can be drawn and no assumption of guilt can be made.
(For a fuller explanation of the rules of adverse inference, including how to avoid it when undergoing a police interview please see our ebook detailed below)
ALWAYS SHOW RESTRAINT
You do not have to talk to the police under any circumstances. But sometimes it pays to be polite. Even if it is only to ask ‘if they believe that you have committed an offence’.
The police aren’t used to people refusing to talk to them. Many of them will take it as a challenge to their authority and will persist, usually with added threats. Therefore, whenever encountering the police you should ALWAYS record it. If they demand you answer them or make threats of arrest if you don’t, then you will have grounds to bring misconduct charges against them.
Nobody likes to be accused of something they haven’t done, and most people will automatically feel the urge to tell their side when asked. But what the police may think of your silence should NEVER be a factor in your decision to talk to them. The police’s opinion does not matter. It’s EVIDENCE that matters…
And when it comes to (not) talking to the police, it’s better to offer no excuse, than a bad one…
YOU HAVE A RIGHT TO REMAIN SILENT
(A Guide to NOT Talking to the Police)
This short ebook is an invaluable guide to defending yourself against the police with SILENCE. Including advice and tips on:
- How to maintain silence under police questioning
- How the police gather intelligence from what you say
- Why you should be cautious of what you say as a victim or witness
- Your right to decline a police interview after arrest
- How to maintain silence under stop and search
- How to avoid adverse inference
- Your rights not to self-incriminate
Priced at only £3.50 this is a small price to pay for a document that could possibly protect your freedom.
If you would like to purchase this Ebook, then please use the Paypal button below. Once you complete checkout click on the “COMPLETE PURCHASE” button and you will automatically be taken to a page where you can download the file in pdf format. You will also be e-mailed a receipt with the download link: