Please note this is an idea for discussion used in GMHC’s training and education. There have been no conversations with any of the parties mentioned here.

Good Samaritan laws (generally)  

Good Samaritan laws provide legal protection to bystanders who voluntarily offer reasonable assistance to someone injured, ill, or in peril, protecting them from liability for unintentional harm or negligence. These laws encourage prompt action in emergencies without fear of being sued, generally covering care given in good faith without expectation of payment.

The background 

Policing operates within legal/ political frameworks, including the Misuse of Drugs Act 1971. These frameworks reflect wider social attitudes shaped by media, politics, and religion. The police are required to enforce drug offences, including those linked to chemsex but gay men do not always call (or delay calling) 999 for an ambulance in overdose situations, fearful the police will turn up, or arrive first. This results in worsening health outcomes or deaths.

The result: a paradox where UK drug enforcement discourages urgent help-seeking, contributing to preventable deaths.

GMHC’s harm reduction messaging is straight forward: know your rights if stopped, questioned, searched and or arrested. The police is a service, It can be ‘friendly’, but they’re not a friend.

Good Samaritan laws in the USA

  • Fear of arrest/ prosecution is a documented barrier to calling emergency services during overdose events.
  • Good Samaritan laws in the USA have been explicitly created to counter this by reducing criminal risk and encouraging help-seeking
  • The difference between life and death can be calling 999 and a medical response/ intervention (LAS)

What a pilot might look like in the UK

  • Pilot limited Good Samaritan protections (with CPS/ MPS discretion)
  • Explicit no-search/ no-phone-seizure-at-scene
  • Ambulance-led response default, police only if risk
  • Targeted messaging: “Call early – you won’t be investigated for possession
  • Anonymous 999 pathway messaging (clear public campaign)
  • Embed peer responders within high-risk (GBMSM) networks
  • Joint NHS–MPS protocol: “preserve life first, enforcement secondary”

More

Good Samaritan Fatal Overdose Prevention Summary of State Laws | USA | Apr 2024
Public Policy Statement on Strengthening Good Samaritan Laws to Prevent Fatal Overdose | ASAM | USA | Oct 2023
Good Samaritan law | Wikipedia
Duty to rescue | Wikipedia

Your Rights and the Law | Safer 2 booklet | 2025

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