Police unlawfully detained suicidal man but acted reasonably, watchdog rules

Police unlawfully detained suicidal man but acted reasonably, watchdog rules
Photo credit: Getty

Police unlawfully detained a suicidal man but their actions were reasonable given the circumstances, the police watchdog has found.

Police took the Queenstown man into custody to detain him in October last year after he rang a mental health helpline, said he had attempted suicide then abruptly ended the call. 

Lifeline contacted police who then went to the man's house to check on his welfare.

On arrival they found the man distressed and in an agitated state. 

Officers decided it wasn't safe to leave him alone until he was seen by mental health professionals so took him into custody.

Seven hours later Invercargill mental health services arrived. They assessed the man and authorised his release. 

The Independent Police Conduct Authority (IPCA) found police had no legal authority to take the man into custody or detain him overnight. 

However, police took steps to ensure the man's safety and the delay in obtaining mental health help was beyond their control. 

Authority Chair Judge Colin Doherty said incidents such as this are common and demonstrate the real difficulties police face when dealing with mental health incidents. 

"Police often feel compelled to act unlawfully in order to protect the distressed individual and the wider public, and the Authority does not blame them for doing so," Judge Doherty says. 

Police say they accept the findings and stand by the actions of the officers involved. 

"I support the actions of the officers involved, we have a duty of care to protect life and safety," Queenstown Lakes Area Commander Olaf Jensen says.

He says officers were trying to protect the man and ensure his safety.

The incident reflects the difficulties faced by police when dealing with thousands of mental health-related callouts each year, he says.

Where to find help and support:

  • Need to Talk? - Call or text 1737
  • Lifeline - 0800 543 354 or (09) 5222 999 within Auckland
  • Youthline - 0800 376 633, text 234, email talk@youthline.co.nz or online chat
  • Samaritans - 0800 726 666
  • Depression Helpline - 0800 111 757
  • Suicide Crisis Helpline - 0508 828 865 (0508 TAUTOKO)

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