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]
Justification for use
editProponents, 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]
Opposition to use
editSeveral 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]
Use around the world
editAustralia
editThe 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
editNew 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]
United Kingdom
editSome 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]
Canada
editIn 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]
See also
editReferences
edit- ^ a b c d e f Dodd, Vikram (6 September 2016). "Met police to start using spit hoods on suspects within weeks". The Guardian. Retrieved 4 October 2016.
- ^ McFadden, Rachel (18 September 2022). "National Ban Spit Hoods Coalition*: 'Queensland Police Spit Hood Ban is not Enough'". changetherecord.org.au. Retrieved 12 September 2023.
- ^ Dennien, Matt (3 August 2022). "Qld police used spit hoods on youths just six months ago, hearing told". brisbanetimes.com.au. Retrieved 12 September 2022.
- ^ The Centre for Public Safety (September 2016). "Spit Guards: The case for protecting police officers against infectious diseases". Archived from the original on 11 February 2017. Retrieved 9 February 2017.
- ^ Bloodborne pathogens. Occupational Safety and Health Administration (Report). 1910.1030. Retrieved 13 September 2023.
- ^ Morris, Scott (12 August 2019). "Justified by myth, spit hoods can kill". Oakland Reporter. Retrieved 13 September 2023.
- ^ Closson, Troy; Shanahan, Ed (3 September 2020). "Black Man Died of Suffocation After Officers Put Hood on Him". The New York Times. Retrieved 13 September 2023.
- ^ Hunter, Fergus (27 July 2016). "Malcolm Turnbull calls royal commission into youth abuse at Northern Territory's Don Dale detention centre". Sydney Morning Herald. Retrieved 28 July 2016.
- ^ "Commission welcomes banning of spit hoods by AFP". Australian Human Rights Commission. 14 April 2023. Retrieved 12 September 2023.
- ^ Nsenduluka, Mibenge (14 April 2023). "Union condemns AFP ban on controversial spit hoods". AAP. Retrieved 12 September 2023.
- ^ Rule, Latoya. "National Ban Spit hoods Coalition". Retrieved 6 February 2024.
- ^ Carter, Mahalia (28 September 2021). "Questions remain despite long-running inquest into Wayne Fella Morrison's death in custody". ABC News. Australian Broadcasting Corporation. Retrieved 1 October 2021.
- ^ Kurmelovs, Royce (18 November 2021). "'Overjoyed': family of Wayne Fella Morrison hail South Australian spit hood ban". The Guardian. Retrieved 19 October 2021.
- ^ Snowden, Angelica (14 April 2023). "ACT police will no longer use spithoods as 'risks outweigh benefits'". The Australian. Archived from the original on 16 April 2023. Retrieved 12 September 2023.
- ^ "Queensland spit hood ban 'right decision' for community, police say". SBS News. AAP. 20 September 2022. Retrieved 12 September 2023.
- ^ Bridges, Alicia (20 April 2023). "WA police, prisons to keep using spit hoods banned by Australian Federal Police". ABC News. Australian Broadcasting Corporation. Retrieved 13 September 2023.
- ^ Morgan, Thomas; Perera, Alicia (6 June 2023). "Acting NT Children's Commissioner Nicole Hucks calls for formal ban of spit hoods". abc.net.au. Retrieved 12 September 2023.
- ^ Averill, Zizi; Parkinson, Amanda (4 April 2022). "Investigation exposes which states continue to use spit hoods on children". Northern Territory News. Archived from the original on 13 April 2022. Retrieved 13 September 2023.
- ^ "Spit hoods - Police in NZ breach own policy on controversial restraint". 1 News. 3 August 2020. Retrieved 12 September 2023.
- ^ Nasser, Shanifa (12 December 2023). "'No longer any doubt,' says Soleiman Faqiri's family as inquest deems Ontario jail death a homicide".
- ^ Banerjee, Sidhartha. "Inmate at Montreal jail was reportedly wearing spit hood, pepper-sprayed before death".