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Spit Hoods: Reforms to Law and Practice
1Barrister, Castan Chambers, Melbourne, Australia; Professor, Law Faculty, and Professorial Fellow in Psychiatry, University of Melbourne; Honorary Professor of Forensic Medicine, Monash University.
Spit hoods, used for officer safety, cause fear and distress, particularly for vulnerable groups. Their use is linked to deaths in custody, prompting calls for abandonment and replacement with safer alternatives.
Area of Science:
- Forensic Medicine
- Public Health
- Law Enforcement Studies
Background:
- Spit hoods are utilized by law enforcement and healthcare professionals to prevent spitting and biting.
- Historically, these devices carry negative connotations, inducing fear and distress in individuals subjected to their use.
- Concerns exist regarding the disproportionate application of spit hoods on ethnic minorities, Indigenous persons, individuals with mental illnesses, and children in custody.
Purpose of the Study:
- To review the international use of spit hoods and their association with adverse outcomes.
- To examine high-profile cases, investigative reports, and legal reforms concerning spit hood abuse.
- To advocate for the discontinuation of spit hoods and the adoption of alternative personal protective equipment.
Main Methods:
- Review of international case law and high-profile incidents involving spit hoods.
- Analysis of reports from coroners, ombudsmen, and commissions of inquiry.
- Examination of existing legal frameworks and proposed law reforms related to spit hood usage.
Main Results:
- Spit hood application has been linked to deaths in custody, particularly when used with other restraints.
- Evidence suggests a pattern of problematic use on vulnerable populations, including ethnic minorities and those with mental health conditions.
- International reviews highlight significant concerns regarding the abuse and adverse effects of spit hoods.
Conclusions:
- The use of spit hoods is associated with severe negative consequences, including fatalities.
- There is a compelling need to abandon the use of spit hoods due to their inherent risks and discriminatory application.
- Alternative personal protective equipment should be implemented to ensure the occupational health and safety of custodians and carers without compromising detainee welfare.
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