Ruqayyah Snyder
In Australia, the use of spit hoods—mesh bags placed over the heads of detainees to prevent them from spitting or biting—has been a highly controversial topic. While supporters argue that they protect law enforcement from infections, critics highlight the risk of suffocation and assert that they breach human rights guidelines. Spit hoods have been implicated in several deaths, including that of Aboriginal man Wayne Fella Morrison, leading to bans in some states and territories. However, their use persists in others, sparking ongoing debates about their legality and ethical implications.
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What You'll Learn
Spit hoods banned in some Australian states
The use of spit hoods has been banned in several Australian states and territories, including South Australia, the Australian Capital Territory (ACT), Queensland, and the Northern Territory. In Western Australia, spit hoods are banned in youth detention centres but still used by police and in prisons.
Spit hoods, also known as spit masks or mesh hoods, are restraint devices designed to prevent a person from spitting or biting. The decision to ban spit hoods in these Australian states and territories has been welcomed by human rights organisations and advocates who argue that the use of such devices poses significant risks of injury and death and is a breach of human rights.
In South Australia, the ban on spit hoods was legislated following the death of Aboriginal man Wayne Fella Morrison, who died in custody in 2016. Morrison's family led a statewide campaign, resulting in "Fella's Bill" and the establishment of the National Ban Spit Hoods Coalition. The Australian Human Rights Commission has also been campaigning for a ban on spit hoods, stating that their use is contrary to human rights and carries a risk of injury and death.
The use of spit hoods in Queensland is banned in watchhouses but not in correctional facilities or youth detention centres. The Northern Territory has a more complex situation, with spit hoods banned in youth detention centres following a royal commission in 2016 but not prohibited for police use. However, there have been calls for a formal ban on spit hoods in the Northern Territory, and the former Labor government had operationally banned their use by police before the ban was lifted in 2024.
While spit hoods are not formally banned in New South Wales, Tasmania, and Victoria, they are not used by police in these states. Advocates in New South Wales are calling for a national ban on spit hoods, and a bill to ban spit hoods was tabled in the state's parliament in 2023.
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The use of spit hoods is opposed by police forces
The use of spit hoods, also known as spit masks, mesh hoods, or spit guards, has been a highly controversial topic in Australia and other countries. Spit hoods are restraint devices designed to prevent individuals from spitting or biting, primarily used by police forces. While some argue that they are necessary to protect law enforcement officers from potential infections, others oppose their use due to concerns over human rights violations, health risks, and the dehumanising nature of the devices.
In Australia, the debate surrounding spit hoods has led to varying decisions across different states and territories. The Australian Federal Police (AFP) banned the use of spit hoods in 2023, a decision welcomed by the Australian Human Rights Commission (HRC). South Australia also implemented a ban on spit hoods, becoming the only state to legislate such a prohibition. This ban was driven by the death of Aboriginal man Wayne Fella Morrison, who passed away in custody in 2016. Morrison's family campaigned for "Fella's Bill," which has now extended into the National Ban Spit Hoods Coalition.
However, not all states in Australia have followed suit. Western Australia, for example, still permits the use of spit hoods by police and in prisons, while Queensland has banned them in watchhouses but not in correctional facilities. The Northern Territory initially banned spit hoods in youth detention centres following a royal commission in 2016 but later lifted this ban, allowing their use in watch-house facilities. This decision was made by the Country Liberal Party's (CLP's) police commissioner, Michael Murphy, who cited the need to protect officers from spitting assaults.
The opposition to spit hoods in Australia is primarily centred around human rights concerns and the potential health risks associated with their use. Critics argue that spit hoods are primitive, cruel, and degrading, violating human dignity. Moreover, there have been several reported incidents of individuals dying in law enforcement custody shortly after having a spit hood placed over their head. While the exact cause of death in these cases may be disputed, the potential for suffocation or impaired breathing due to spit hoods is a significant concern.
In addition to the health and human rights concerns, opponents of spit hoods also highlight the potential for discriminatory or disproportionate use against vulnerable groups, such as children, individuals with disabilities, and ethnic minorities. Instances of spit hoods being used against these vulnerable groups have been widely criticised as disturbing and unnecessary. Overall, while the use of spit hoods may be supported by some police unions and associations, there is strong opposition from human rights advocates, medical professionals, and those who have experienced the distressing nature of being hooded firsthand.
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The risk of using spit hoods
Spit hoods, also known as spit masks, mesh hoods, or spit guards, are restraint devices designed to prevent individuals from spitting or biting. While these devices aim to protect law enforcement officers from potential health risks, their use has sparked controversy and concerns over human rights violations and safety risks.
The use of spit hoods has been a contentious issue in Australia, with varying regulations across different states and territories. While some states, such as South Australia, Queensland, and the Australian Capital Territory (ACT), have banned their use in specific settings or entirely, other states continue to permit or reinstate their use.
One of the primary risks associated with spit hoods is the potential for suffocation or impaired breathing. The fabric near the wearer's mouth can restrict airflow, and when the hood becomes soiled with vomit or other substances, the risk of suffocation increases significantly. This has led to several deaths in custody across Australia and other parts of the world, underscoring the dangerous nature of these devices.
Spit hoods also impair the ability of officers to monitor the well-being of individuals in their care. It becomes difficult to identify medical conditions, notice distress or pain, or provide timely intervention in emergency situations. This is especially concerning for individuals with pre-existing medical or mental health conditions, who may be at a higher risk of adverse events while restrained.
Additionally, spit hoods have been criticised for violating human rights guidelines. They have been described as cruel, degrading, and traumatic, particularly when used against vulnerable groups, including children and individuals with disabilities. There are also concerns that the vague or non-existent guidelines surrounding their use may lead to disproportionate targeting of certain communities, further damaging relationships between law enforcement and the communities they serve.
While proponents argue that spit hoods protect officers from infectious diseases, several studies have concluded that the risk of disease transmission from spitting is relatively low. The focus on disease prevention may also stigmatise certain groups and divert attention from more effective and proportionate measures to protect the health and safety of both officers and detainees.
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The effectiveness of banning spit hoods in Australian Territory
The use of spit hoods has been controversial in Australia, with critics citing the potential for suffocation and human rights violations. Spit hoods have been involved in several deaths in law enforcement custody, including that of Aboriginal man Wayne Fella Morrison in South Australia in 2016. This incident led to the establishment of the National Ban Spit Hoods Coalition, which has campaigned for a ban on the use of spit hoods in Australia.
In 2023, the Australian Federal Police (AFP) and Australian Capital Territory (ACT) Police banned the use of spit hoods in their jurisdictions. The AFP review found that the use of spit hoods posed "unjustifiable risks". Queensland and the AFP also banned the use of spit hoods in watch houses but not in correctional facilities or youth detention centres. South Australia was the first state to enact a legislative ban on spit hoods in 2021, followed by New South Wales in 2024.
On the other hand, there has been some backlash against the bans, particularly from police unions and associations. They argue that spit hoods can help protect personnel from exposure to serious infections. In addition, despite the bans, there have been instances where spit hoods have continued to be used. For example, in the Northern Territory, spit hoods were banned in youth detention centres following a royal commission in 2016 but the ban was lifted in 2024. This highlights the need for strong legislation and enforcement to ensure the effectiveness of spit hood bans.
Overall, the banning of spit hoods in Australian Territory has been a positive step towards protecting the human rights and safety of individuals in custody. However, the effectiveness of the bans has been limited by a lack of consistent legislation and enforcement across all states and territories, as well as opposition from certain groups. To fully realise the benefits of banning spit hoods, further action may be needed to address these challenges.
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Criminal charges for officers using spit hoods
The use of spit hoods by police officers in Australia has been a highly controversial topic, with critics arguing that it breaches human rights guidelines and poses a significant risk of injury and death. Spit hoods have been involved in several deaths in law enforcement custody, including the death of Aboriginal man Wayne Fella Morrison in South Australia in 2016. Following this incident, spit hoods were banned in South Australia, and the Australian Federal Police (AFP) also banned their use in 2023. Despite these bans, there has been a backlash from some police associations, and spit hoods continue to be used in certain states and territories.
In terms of criminal charges, there is no specific mention of officers facing criminal charges for using spit hoods in Australia. However, the use of spit hoods has led to public outcry and calls for stricter regulations or bans on their use. Human rights advocates and critics argue that spit hoods are primitive, cruel, and degrading, and that their use constitutes a violation of human rights. The Australian Human Rights Commission, for example, has welcomed the ban on spit hoods, citing the risks of injury and death associated with their use.
While there may not be specific criminal charges for officers using spit hoods, the focus has been on implementing bans and restrictions at the state and territory levels. For example, in addition to South Australia and the AFP, Queensland has also banned the use of spit hoods in watchhouses but not in correctional facilities. The Australian Capital Territory (ACT) has banned spit hoods for the Australian Federal Police and ACT Police. Western Australia has banned them in youth detention centres, while they are not used by police in New South Wales, Tasmania, and Victoria.
Despite the lack of criminal charges, there have been calls for increased accountability and regulations regarding the use of spit hoods. Proponents of spit hoods, including police unions and associations, argue that they are necessary to protect officers from exposure to serious infections and diseases. However, critics counter that the risk of disease transmission from spitting is low and that the potential harm and mental anguish caused by spit hoods outweigh any potential benefits.
Overall, while there may not be specific criminal charges for officers using spit hoods in Australia, the focus has been on implementing bans and restrictions to address the concerns surrounding their use. The controversy surrounding spit hoods highlights the complex balance between officer safety and the potential risks and human rights implications associated with this type of restraint device.
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Frequently asked questions
Spit hoods are mesh bags placed over the heads of detainees to prevent them from spitting or biting.
Spit hoods have been implicated in several deaths, with critics arguing that they breach human rights guidelines and are cruel and degrading.
The use of spit hoods is not formally banned in Australia, except in the Australian Capital Territory (ACT) and South Australia. However, they are not used in New South Wales, Tasmania, and Victoria.
The Australian Human Rights Commission has welcomed the ban on spit hoods, while police unions continue to support their use. Advocates are calling for a national ban, and the New South Wales government is seeking to introduce legislation to prohibit their use in places of detention.
