SA to ban controversial spit hoods but lawyers’ group wants them outlawed immediately
Harrowing footage can be revealed showing how SA authorities used controversial and soon-to-be banned restraint devices on child prisoners — prompting calls for the spit hoods to be banned immediately.
SA News
Don't miss out on the headlines from SA News. Followed categories will be added to My News.
Controversial restraint devices known as spit hoods will be banned in South Australia’s youth justice system after a damning report by the state’s public sector watchdog — but there are calls for the ban to start immediately, rather than being phased in.
Human Services Minister Michelle Lensink has promised to have the devices phased out over the next 12 months in line with a recommendation by SA Ombudsman Wayne Lines.
The report found staff at the Adelaide Youth Training Centre had used spit hoods 57 times between October 2016 and June 2019.
CCTV footage released by the Department of Human Services SA yesterday shows a 15-year-old and 17-year-old being restrained by multiple staff members to put spit hoods on the youth.
In one case, 10 workers surround the 17-year-old. As one worker takes out a spit hood, the youth appears to struggle before five members of staff hold him down while the hood is applied.
In another case, the footage shows a 15-year-old pinned to the ground by several members of staff. Staff hold the youth to the floor while a member of staff applies a spit hood.
Several members of staff lift the youth from the ground and carry him, facedown, into the cell. The 15-year-old thrashes about, one worker loses balance and the youth’s face appears to make contact with the floor.
The Australian Lawyers Alliance this morning called for the ban of spit hoods, which they have described as cruel and inhumane, to be effective immediately.
“There is no justification whatsoever for using spit hoods,” Australian Lawyers Alliance national criminal justice spokesman Greg Barns has told The Advertiser this morning.
“They are cruel, inhumane and they can do enormous psychological damage to young people.
“There is no need to roll out a ban, the ban should be in place today and the practice has to stop.”
Mr Lines’ report revealed children as young as 12 had been restrained with spit hoods.
One individual was made to wear a spit hood on 19 occasions within a nine-month period, Mr Lines found.
“The CCTV footage reviewed by my investigation certainly makes for confronting viewing,” he said.
“Out of apparent necessity, the spit hood is frequently fitted over the child’s face from behind while the child is made to lie on the floor in the prone position.
“Children thrash about at the sight of the implement; some appear to be taken by surprise as it passes over their eyes; many appear to be crying when it is finally removed.”
Ms Lensink said it was “unacceptable” that SA remained the only jurisdiction in the country that still relied on the use of spit hoods to protect staff from disease transmission.
“Spit hoods are a legacy policy that simply have no place in a modern, therapeutic environment,” Ms Lensink said.
She said the 12-month time frame would give the government time to “identify, source and implement appropriate alternative options” including training staff in new techniques.
“Young people at the Adelaide Youth Training Centre can present with very difficult and challenging behaviour, many with significant histories of trauma and violence, who have been found guilty of serious crimes.
“With this in mind, management can often be challenging and even with the best strategies, incidents can occur.
Department of Human Services acting executive director youth justice Rohan Bennett said other alternatives included staff wearing additional protective clothing including face shields.
Mr Lines also raised concerns about the youth of force in the centre that will also be investigated by the department.
The Aboriginal Legal Rights Movement said the State Government should be ashamed by the findings of the report.
“The Movement is horrified by the photos in the report, depicting the degrading manner in which young children in the centre have been treated,” Movement CEO Cheryl Axleby said referring to a number of case studies included in Mr Lines’ report.
Opposition Human Services spokeswoman Nat Cook urged the government to implement the ban immediately instead of waiting 12 months.
Spit hoods have been used in SA since 2014.
They have been used 57 times between October 2016 and June 2019.
Ms Lensink said the use of spit hoods had reduced significantly — to only five uses in 2018-19 — and they had not been used at all since the end of March 2019.