No Comment: Understanding the right to silence during a police interview
Few expressions in criminal justice attract as much scrutiny as this one, and in recent days it has moved to the centre of controversial public debate. In the wake of widespread reporting on former First Minister Nicola Sturgeon’s police interview, two words have been dissected, criticised, and, in many quarters, plainly misunderstood.
It is, then, an apt moment to move beyond the noise and examine what “no comment” really means, and why it remains so significant in Scots criminal law.