{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2026,5,6]],"date-time":"2026-05-06T03:11:51Z","timestamp":1778037111626,"version":"3.51.4"},"reference-count":0,"publisher":"Pasifika Medical Association Group","issue":"1634","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["NZMJ"],"abstract":"<jats:p>aim: With the reduction in police involvement in front-line mental health responses in New Zealand (implemented November 2024),\nthis study evaluates the primary legal justification supporting paramedics in using force to prevent suicide: Section 41 of the Crimes\nAct 1961.\nmethods: We conducted a qualitative analysis of 20 legal cases (1986\u20132023) identified through a systematic search. The analysis was\nstructured thematically, focussing on the legal criteria for intervention, the role of de-escalation, the threshold for \u201creasonable force\u201d\nand the unresolved conflict between intervention and patient autonomy. Cases were included if Section 41 was central to the legal\nreasoning or as a justification; cases where Section 41 was cited in passing without substantive discussion were excluded.\nresults: Case review suggests that while Section 41 can provide a legal justification, its application is highly context dependent.\nCourts have held that force is justifiable only to prevent immediate and unlawful harm and that it should be proportionate to the\nthreat. Failing to attempt viable, less-restrictive alternatives can render even minimal force unreasonable. Cases involving excessive\nforce demonstrate judicial focus on proportionality and the availability of other options. The analysis highlights a legal and ethical\n\u201cgrey area\u201d concerning patient capacity and the limits of intervention.\nconclusion: There is limited case law interpreting Section 41 (20 substantive cases identified between 1986 and 2023). To improve\nsafety for patients and practitioners, we suggest clearer operational guidance, multidisciplinary education and consideration of\nlegislative options that would better support healthcare-led responses to mental health emergencies.<\/jats:p>","DOI":"10.26635\/6965.6808","type":"journal-article","created":{"date-parts":[[2026,5,6]],"date-time":"2026-05-06T02:28:46Z","timestamp":1778034526000},"page":"38-50","source":"Crossref","is-referenced-by-count":0,"title":["What legal protections are available to paramedics to prevent suicide? A review of case law concerning Section 41 of the Crimes Act 1961 (New Zealand)"],"prefix":"10.26635","volume":"139","author":[{"given":"Dylan","family":"Mordaunt","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]},{"given":"Nicole","family":"Jones","sequence":"additional","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"11177","published-online":{"date-parts":[[2026,5,8]]},"container-title":["New Zealand Medical Journal"],"original-title":[],"deposited":{"date-parts":[[2026,5,6]],"date-time":"2026-05-06T02:28:48Z","timestamp":1778034528000},"score":1,"resource":{"primary":{"URL":"https:\/\/nzmj.org.nz\/journal\/vol-139-no-1634\/what-legal-protections-are-available-to-paramedics-to-prevent-suicide-a-review-of-case-law-concerning-section-41-of-the-crimes-a"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2026,5,8]]},"references-count":0,"journal-issue":{"issue":"1634","published-online":{"date-parts":[[2026,5,8]]}},"URL":"https:\/\/doi.org\/10.26635\/6965.6808","relation":{},"ISSN":["1175-8716"],"issn-type":[{"value":"1175-8716","type":"electronic"}],"subject":[],"published":{"date-parts":[[2026,5,8]]}}}