Interviewing the Suspect Who Exercises the Right to Remain Silent Without Producing a Prepared Statement

This chapter focuses on the suspects who exercise their right to remain silent, that is, to say 'no comment' in response to questions concerning the offence, but without presenting a prepared statement. It notes that this approach can cause interviewers to lose focus and control of the situation. The chapter details the effective, ethical, and professional conversation management of this scenario, by first examining the logic behind the decision, how it will be presented and then how to proceed, to ensure that a legally compliant interview product is obtained that can still advance the case. It also offers a detailed discussion about responding to the suspect who unexpectedly switching to answering questions and the suspect who is not legally represented and exercises the right to silence.