2022-11-02
ACT Greens police spokesperson Andrew Braddock MLA for Yerrabi welcomed the news that South Australia's Labor Convention passed a motion calling on Labor leaders to ban the use of spit hoods. ACT Labor has not spoken out against spit hood use, despite widespread human rights concerns and an Australian Federal Police internal review of their use.
Last week the South Australian Labor Convention passed a motion that called on “Labor leaders in all other States and Territories to recognise this important human rights issue and take action to introduce legislation to ban the use of spit hoods in all contexts.”
“South Australia led the nation with a legislative ban on spit hoods, and now they have called on ACT Labor to follow suit. Whilst waiting for ACT Labor to respond I will continue exploring every avenue to stop their use in the ACT.”
The Chief Police Officer advised under questioning by ACT Greens in Annual Reports hearings on Tuesday 1 November 2022 that the Australian Federal Police Commissioner had directed an internal review into the use of spit hoods. The review is expected to be completed in early 2023. Spit hoods will continue to be used whilst it is underway.
Beyond an admission earlier this year that spit hoods are used on children, The AFP has not provided further details of who they put spit hoods on and how often.
Quotes attributable to Andrew Braddock:
“Our concern is for protecting the human rights of everyone, especially vulnerable people who we know are more likely to come into contact with police. Spit hoods are a violation of those rights.”
“It is positive that the review will examine the use of spit hoods in other jurisdictions. Hopefully the AFP will follow South Australia, Tasmania, New South Wales, Queensland, and Victoria’s lead in stopping the use of these dangerous devices.”
“Spit hoods should not be used as punishment, as they are dangerous, degrading devices that restrict breathing. Alternative measures are more effective and safer. These include minimising face-to-face contact by placing them in a secure area, utilising divisional vans for transport and personal protection equipment such as eye wear, face shields, masks and gloves.”
Background:
- A spit hood is a bag constructed out of mesh that is placed over the head of a detainee to stop them from spitting or biting, with the aim of preventing injury to or infection of the police officer.
- According to ACT Policing, a number of considerations are given before any type of restraint is used on a person in custody. These considerations include the safety of the person in custody, the safety of others (including other persons in custody), threats made to expel bodily fluid, recorded history of spitting, aggressive or threatening behaviour, the likelihood of injury to any person and the circumstances of the incident.
- The operational use of a spit hood is governed by the AFP Commissioner’s Order 3 on operational safety.
- As of 12 April 2022, there are approximately 100 spit hoods in stock at the ACT Watchhouse.
- The review is expected to be completed in early 2023.