Do I have to answer police questions?

Disclaimer: this article is for general information. It’s not intended to be used as legal advice. For information on how to get legal advice, please see our ‘I need a lawyer’ page.

In most cases you do not have to answer police questions.

If you’re asked a question that you don’t want or don’t have to answer, you could:

• ask if you are being detained, and leave if the answer is “no”
• say “no comment”
• simply stay quiet

However, avoid lying or giving deliberately difficult answers to the police.

It’s not always a crime to lie to a police officer – but lying could be considered to be obstruction of an officer or wasting police time. This is particularly so if the police are asking you about  an investigation or a case.

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Chatting with the police

Avoid chatting with the police.

Police officers are allowed to use and record information you give in casual conversation.

Police liaison officers

Police officers gather information about people at protests, and so they might try to start a conversation with you.

Often these are “police liaison officers” wearing blue bibs.

You don’t have to talk to police liaison officers, or any police officer. You are free to stay silent or leave if you don’t want to chat with the police.

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Stop and account

A ‘stop and account‘ is when a police officer or police community support officer (PCSO) stops you to ask you what you’re doing. They might also ask for your name and address.

This can seem more official or formal than a casual chat – but you can refuse to talk to them or leave.

If you’re not sure if it’s a ‘stop and account’, you can ask an officer “am I being detained, or am I free to go?”

Police officers can only detain you:

• if they are doing a stop and search, or
• if they are arresting you

Otherwise, you don’t have to talk to the police and you can leave.

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Talking to the police during a stop and search

Stop and search powers allow the police to search you if they think you’re carrying something illegal.

If the police stop you to search you, you still don’t have to talk to the police. This is because:

• If the police have the legal power to search you, they do not need your permission. You don’t have to say yes, but if you say no, they can still search you anyway.
• If the police don’t have the legal power to search you then saying yes does not make the search legal.

The police can’t stop and search you just because you didn’t talk to them. If they do, you may be able to bring a legal challenge against them.

Don’t feel pressured to answer the police’s questions. You don’t have to give them your name and address, even if they ask.

If they find something during the search, or otherwise are treating you as a suspect, see the section below.

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Section 50 powers

Section 50 of the Police Reform Act allows the police to ask for your name and address if they believe you are, or have been, engaging in anti-social behaviour. Anti-social behaviour is behaviour that causes, or is likely to cause, “harassment, alarm or distress”.

It’s a criminal offence if you don’t give your name and address, or if you give false or inaccurate information.

However, the police cannot use Section 50 as a “blanket power”. The police officer must have a reasonable suspicion that you, specifically, are behaving anti-socially.

The police can’t question everyone in a crowd just because they suspect that someone in that crowd was involved in anti-social behaviour. This is important to remember during protests.

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Being questioned as a suspect

Being a suspect is when the police have reason to believe that you might have committed a crime.

You don’t answer police questions as a suspect. However, if you refuse to give your name and address when the police ask, you could be arrested.

This is because the police can arrest suspects if they believe it is “necessary” for the investigation. The police might say it’s necessary to arrest you to get your name and address, or else risk not being able to find you later.

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What happens if I’m arrested?

You don’t have to answer police questions if you’re arrested.

You don’t have to speak to the police in the van on the way to the station.

Being charged with a crime

Being arrested doesn’t mean you are being charged with a crime. The police need sufficient evidence to charge you.

You not answering questions isn’t evidence. It can’t be used as a reason to hold you for any longer without charge.

The police can only hold you for 24 hours without charge, unless you’re suspected of a serious crime such as murder or terrorism.

Being interviewed as a suspect

An interview is formal questioning by the police, and it is recorded. The police must read out a caution before hand which is:

“You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. Anything you do say may be given in evidence.”

This is why it’s called an interview under caution. You can have an interview under caution as a suspect even if you’re not arrested. We advise you to get legal advice before.

Being arrested and interviewed under caution

If you are arrested, will also have the right to legal advice from a criminal defence lawyer. We strongly advise you use this right – especially with a lawyer who specialises in the offence you were charged with.

You don’t have to answer questions in this interview.

You can say nothing, or reply “no comment”. Your solicitor will be able to advise you whether you should prepare a written statement, or only answer certain questions.

If the police can’t show the arrest was necessary, you may be able to bring a legal claim against them.

For more information, see our advice pages on arrest.

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Being interviewed as a witness

You don’t have to give police information as a witness. You don’t have to casually chat to the police about an event either.

You should not lie to the police, but you do not have to answer their questions. You can simply say “no comment” or walk away.

If the police ask to interview you as a witness for a legal case, you don’t have to say yes.

If you do agree, you’re allowed to talk to a solicitor before the interview.

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Other pages you might be interested in

• Talking to the police – easy read
• Stop and search
• Stop and account

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