What “no comment” means for an Arabic-speaking client in a PACE interview

When a solicitor advises a client to answer “no comment”, the advice turns on law, disclosure and the facts. Whether the client can follow that advice for an hour-long interview, in a second language, through an interpreter, is a different question. This note covers the language side only.

The caution does not translate itself

The caution under PACE Code C — “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.” — turns on a conditional that is hard to carry into any language: something you do not say now, which you later rely on.

Rendered too literally, some Arabic-speaking clients hear it as a threat; others hear it as an instruction to explain themselves. Code C recognises the risk: if it appears the person does not understand the caution, the officer should explain it in their own words. The interpreter’s job is to render that explanation accurately — not to add one of their own.

لا تعليق is not a neutral phrase for every client

The literal rendering, لا تعليق, is understood. But for some clients it feels abrupt, even disrespectful, towards an official — particularly where formal politeness towards authority is strongly expected. So clients soften it: “I don’t know”, “I can’t remember”, “ask my lawyer”, or a short explanation followed by “no comment”.

Each of those is a different answer on the record. “I don’t know” is not “no comment”.

What to agree in the consultation

• Agree the exact Arabic phrase the client will use, and have them say it once before the interview.
• Explain that the interpreter will interpret every word, including side remarks, apologies and explanations.
• Tell the client that if they want to speak to you, they should say so — not explain themselves to the interpreter.
• If a prepared statement will be read, give the interpreter a copy in advance so it can be rendered accurately.

During the interview: watch for drift

After many questions, clients often begin adding short explanations to their “no comment”. The interpreter must render them exactly as said. If the pattern changes, that may be the moment to consider whether a further private consultation is needed.

Confidentiality

Everything the interpreter hears in a private consultation is confidential. Under the NRPSI Code of Professional Conduct, interpreters keep confidential all information learned in the course of their work.

Whether an inference may later be drawn from silence is a legal question for the solicitor. The language point is narrower: make sure the record shows what the client actually said.

This briefing is general information about language and interpreting. It is not legal advice.