Legal Implications

Police Scotland Legal Services is represented on the DSG and they have been fully engaged throughout the development of this proposal.

The Principal Solicitor with Police Scotland’s Legal Services Department has stated that, “the decision whether to administer Naloxone to an unconscious member of the public should be made in the same way as any decision to administer first aid treatment which police officers are trained to provide. In each case the officer will require to determine if the administration of Naloxone is appropriate, based on their assessment of the circumstances and the training which they have received. Police Officers are personally liable for the decisions they make whilst on duty. In terms however of Section 24 of the Police and Fire Reform (Scotland) Act 2012, the Chief Constable is liable in respect of any unlawful conduct on the part of a Constable.  In addition the Scottish Police Authority must pay damages and expenses awarded against the Chief Constable in any action which is raised against the Force as a result of this Section”.

Any administration of intra-nasal Naloxone by police officers is intended as an immediate first aid intervention to preserve life, in accordance with the Right to Life in terms of Article 2 of the European Convention on Human Rights and the Human Rights Act 1998. It is also aligned to the legal duty of all police officers detailed within the Police and Fire Reform (Scotland) Act 2012.

The administration of Naloxone by an officer will not routinely be considered for referral to PIRC. This is a policy decision made by PIRC that acknowledges the administration of Naloxone, to potentially save a life, will not be a causal or contributory factor in any subsequent harm to the recipient. Should a person suffer a fatal overdose, the presence, or not, of Naloxone will have no bearing on whether or not the matter is treated as a death following police contact. Current policies and process will not be affected or require amendment.

In 2005, Naloxone was added to the limited list of drugs contained within Regulation 214(2) Schedule 19 of the Human Medicines Regulations 1968 that could be administered by anyone, for the purposes of saving a life. This legislative change was the impetus for the development of a number of local pilots in Scotland and formed the basis for the subsequent national ‘Take Home Naloxone’ (THN) programme. This has allowed a greater distribution of Naloxone via third sector organisations to members of the public without consent from the person at risk of overdose. Police officers are not exempt from this legislative framework.