A spit hood, spit mask, mesh hood or spit guard is a restraint device intended to prevent a person from spitting or biting. [1] The use of the hoods has been controversial, as they are a potential suffocation risk. [2] [3]
Proponents, often including police unions and associations, say the spit hoods can help protect personnel from exposure to serious infections like hepatitis [1] and that in London, 59% of injecting drug users test positive for hepatitis C. [4] According to Occupational Safety and Health Administration regulations in the United States, saliva is considered potentially infectious for hepatitis C, HIV and other bloodborne pathogens only if visible blood is present. [5]
Several studies have concluded that the risk of transmission of disease from spitting was low. [6]
The spit hoods have been criticised for breaching human rights guidelines. Critics describe the hoods as primitive, cruel, and degrading. [1]
There is a risk of death. According to The New York Times , spit hoods have been involved in several deaths in law enforcement custody. [7]
The use of spit hoods and restraint chairs at the Don Dale Youth Detention Centre in the Northern Territory, Australia, led to the establishment of the Royal Commission into the Protection and Detention of Children in the Northern Territory. [8]
The Australian Federal Police (AFP) banned the usage of spit hoods in 2023. While the ban was welcomed by the Australian Human Rights Commission (HRC), [9] there was backlash from the Australian Federal Police Association (AFPA). [10]
Five years after the death of Aboriginal man Wayne Fella Morrison in custody in South Australia in September 2016, the use of spit hoods was banned in the state. South Australia remains the only state to legislate the ban on spit hoods, with a bill to ban spit hoods tabled in New South Wales parliament in 2023. Morrison’s family led the state-wide campaign to establish ‘Fella’s Bill’, now extended into the National Ban Spit hoods Coalition. [11] [12] [13] Spit hoods are also banned in the Australian Capital Territory (ACT). [14] In Queensland, the use of spit hoods is banned in watchhouses but not in correctional facilities such as prisons and youth detention centres. [15] In Western Australia, they are still used by police and in prisons but are banned in youth detention centres. [16] There have also been calls for a formal ban the use of spit hoods in the Northern Territory, where they are banned by institutions such as youth detention centres despite no legislation prohibiting them. [17] While not formally banned, spit hoods are not used by police in New South Wales, Tasmania and Victoria. [18]
While the use of spit hoods is opposed by police forces in Australia, their usage is still supported by several[ which? ] police unions.[ citation needed ]
New Zealand does not ban the usage of spit hoods and their usage has grown. In 2011, they were used by police 12 times, compared to 257 times in 2019, a 2,000% increase in eight years. [19]
Some British police chiefs have privately expressed concerns that the hoods are reminiscent of those used at the Guantanamo Bay detention camp. [1] A decision by the Metropolitan Police Service to start using spit hoods was condemned by the human rights group Amnesty International, the civil rights group Liberty and the campaign group Inquest. [1] Many major British police forces have chosen not to use spit hoods. [1]
In 2016, a spit hood was used shortly prior to the death of Soleiman Faqiri in the Central East Correctional center. In 2023, Faqiri's death was ruled a homicide. [20] In 2021, 21-year old Nicous D'Andre Spring was pepper sprayed while wearing a spit hood during his illegal detainment in Bordeaux jail in Montreal and died the following day. Quebec police and the Chief coroner's office began an investigation and public inquiry in to his death in 2023. [21]
The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. The AFP is an independent agency of the Attorney-General's Department and is responsible to the Attorney-General and accountable to the Parliament of Australia. As of October 2019 the Commissioner of the Australian Federal Police is Reece Kershaw, formerly the Northern Territory Police Commissioner.
Villawood Immigration Detention Centre, originally Villawood Migrant Hostel or Villawood Migrant Centre, split into a separate section named Westbridge Migrant Hostel from 1968 to 1984, is an Australian immigration detention facility located in the suburb of Villawood in Sydney, Australia.
The Don Dale Youth Detention Centre is a facility for juvenile detention in the Northern Territory, Australia, located in Berrimah, east of Darwin. It is a detention centre for male and female juvenile delinquents. The facility is named after Don Dale, a former Member of the Northern Territory Legislative Assembly from 1983 to 1989 and one-time Minister for Correctional Services.
The Alice Springs Youth Detention Centre formerly known as Alice Springs Juvenile Holding Centre is an Australian medium to maximum security prison for juvenile males and females located in Alice Springs, Northern Territory, Australia.
ACT Policing is the portfolio of the Australian Federal Police (AFP) responsible for providing policing services to the Australian Capital Territory (ACT). The Australian Capital Territory Police was an independent police force responsible for policing the ACT until 19 October 1979, when it was merged with the Commonwealth Police to form the AFP.
Crime in the Northern Territory is managed by the Northern Territory Police, the territory government's Department of the Attorney-General and Justice and Territory Families.
Aboriginal deaths in custody is a political and social issue in Australia. It rose in prominence in the early 1980s, with Aboriginal activists campaigning following the death of 16-year-old John Peter Pat in 1983. Subsequent deaths in custody, considered suspicious by families of the deceased, culminated in the 1987 Royal Commission into Aboriginal Deaths in Custody (RCIADIC).
George Newhouse is an Australian human rights lawyer and a former local councillor. He is the principal solicitor of the National Justice Project, a human rights and social justice legal service, and currently an Adjunct Professor of Law at Macquarie University. and at the University of Technology Sydney.
Deaths in custody, including police and prison custody, are subject to significant concern for a number of reasons, including the intrinsically vulnerable nature of some of those in custody, and the power imbalance inherent in the situation. Deaths in custody in England and Wales are looked at by inquests, and when it is possible that the state failed to protect the deceased's life are scrutinised using the 'right to life'.
The Johannesburg Central Police Station is a South African Police Service police station in downtown Johannesburg, South Africa. From its unveiling in 1968 until September 1997, it was called John Vorster Square, after Prime Minister B.J. Vorster.
Judith Clair Kelly is a Judge of the Supreme Court of the Northern Territory (Australia). She was appointed to the Court on 12 August 2009. Justice Kelly was only the second female appointment to the Court since it was established in 1911.
A restraint chair is a type of physical restraint that is used to force an individual to remain seated in one place to prevent injury and harm to themselves or others. They are commonly used in prisons for violent inmates and hospitals for out of control patients. However, they have also been used to restrain prisoners at Guantanamo Bay detention camp during force-feeding.
Punishment in Australia arises when an individual has been accused or convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections. When awaiting trial, prisoners may be kept in specialised remand centres or within other prisons.
The Ashley Smith inquest was an Ontario coroner's inquest into the death of Ashley Smith, a teenager who died by self-inflicted strangulation on 19 October 2007 while under suicide watch in custody at the Grand Valley Institution for Women. Despite guards watching her on video monitors, Smith was able to strangle herself with a strip of cloth, and it was 45 minutes before guards or supervisors entered her cell and confirmed her death. The warden and deputy warden were fired after the incident; although the four guards and supervisors in immediate contact with Smith were initially charged with negligent homicide, those charges were withdrawn a year later. Smith's family brought a lawsuit against the Correctional Service of Canada (CSC) for negligence; this lawsuit was settled out of court in May 2011.
Elizabeth Grant CF was an Australian architectural anthropologist, criminologist and academic working in the field of Indigenous Architecture. She was a Churchill Fellow and held academic positions at The University of Adelaide, as Associate Professor of Architecture and Urban Design at RMIT University's RMIT School of Architecture and Design, Adjunct Professor at the University of Canberra and the University of Queensland. She researched, wrote, and was an activist focused on architecture and design with Indigenous peoples as architectural practice and a social movement, and the observance of human rights in institutional architecture. Her expertise in Indigenous housing and homelessness, design for Indigenous peoples living with disability, and indigenising public places and spaces made her a regular guest on the Australian Broadcasting Corporation's Radio National and ABC Local Radio. She wrote and reviewed architectural projects for architectural magazines such as Architecture Australia, the journal of the Australian Institute of Architects, and the Australian Design Review.
Natasha McKenna was a 37-year-old African-American woman who died in Fairfax County, Virginia while in police custody. The catalyst event, extraction from her cell and being tasered while shackled, was captured on the video of the Fairfax County jail.
Juvenile detention in the Northern Territory is administered by Territory Families, since a departmental reorganisation following the Labor victory at the August 2016 Northern Territory general election. Juvenile detention is mostly operated through two facilities - the Alice Springs Juvenile Holding Centre in Alice Springs, and the Don Dale Juvenile Detention Centre in eastern Darwin. These had previously been administered by the Department of Correctional Services. A juvenile is a child between the age of 10 and 17.
Dylan Voller is an Aboriginal-Australian man who came to public attention after his detainment in a youth detention center in the Northern Territory was documented on a July 2016 episode of the ABC TV program Four Corners.
Crime in Queensland is an on-going political issue. Queensland Police is responsible for providing policing services to Queensland, Australia. Crime statistics for the state are provided on their website. Official records show that reported offences against property and people has declined over the past 20 years to 2020. The state has criminal codes for hooning, graffiti, sharing intimate images without consent and fare evasion. Wage theft became a crime in 2020. The minimum age of criminal responsibility in Queensland is 10 years old.
Charles Arnold Walker, for cultural reasons known as Kumanjayi Walker since his death, was a Warlpiri man who was shot and killed by police while resisting arrest in the remote Aboriginal Australian community of Yuendumu, Northern Territory, in November 2019. Walker stabbed Constable Zachary Rolfe with a pair of scissors. Rolfe subsequently fatally shot him and was charged with murder three days later, but was acquitted in March 2022. Thousands of people rallied in Alice Springs in the days following the attempted arrest, and further protests followed in capital cities around Australia. After the acquittal of Rolfe a campaign entitled "Justice for Walker" has continued.