Attorney-General Kyam Maher considering tough new laws for offenders who spit on police officers
Tough new laws could be on the cards for vile offenders who spit on frontline cops after a push from the state’s police union.
Police & Courts
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Offenders who spit on police officers and then refuse a blood test would be subject to tough new laws being considered by the state government after a police union push.
Police Association of SA president Mark Carroll is urging the government to double down on its election promise to mandate blood testing and consider tougher bail conditions for offenders who spit on or bite police officers or other emergency workers.
Mr Carroll this week wrote to Attorney-General Kyam Maher asking for offenders who refused the mandated tests to be refused police bail as the government considers feedback on new laws promised ahead of the 2022 state election.
“Being spat on is one of the most disgusting acts that police have to deal with,” Mr Carroll said.
In most cases, the refusal of police bail is reserved for serious offences including murder and manslaughter.
The move comes as the latest SA Police crime statistics show assaults on police skyrocketed by 41 per cent from 426 in November 2022 to 600 in November last year.
“Assaults against police need to be treated with the appropriate severity across the whole criminal justice system,” Mr Maher said.
The state government committed to introducing legislation that mandated blood tests for offenders who spit on or bite police ahead of the 2022 state election.
“Targeted consultation on draft legislation is currently underway and we expect to have legislation introduced in the coming months.”
Mr Carroll said the union was pleased with the legislation mandating blood tests but believed a presumption against police bail would give officers “more protection in dealing with people who spit on them or cause them harm”.
According to SA Police figures, in November 2023 alone, 66 assaults on police were recorded compared to 36 in the same month in 2022.
“I think the community probably underestimates the level of violence that police officers in all jurisdictions confront every day,” Mr Carroll said.
“Seemingly routine duties can prove life threatening for our members, given the fact they are often dealing with people affected by drugs, alcohol or mental illness.
“It should be a warning to law-abiding members of the community too — if someone is brazen enough to assault a cop, what would they do to you?
“It gives us all an idea of the type of criminals we are talking about.”
In 2019, the union ran a successful five-month campaign that resulted in the introduction of a specific new law with a maximum 15-year prison sentence for anyone who assaults a police officer or emergency services worker.
“It resulted in probably the most significant amendments to the relevant legislation that we’ve ever seen in South Australia,” Mr Carroll said.
Several police officers featured as the face of the campaign, including Senior Constable Alison Coad, who contracted a communicable disease after a woman deliberately spat in her face during an arrest in Whitmore Square.
“It is now a specific, unique offence to assault a police officer,” Mr Carroll said.
“Other emergency services workers also now enjoy the same protections, owing to our campaign.
“Clearly, these laws won’t stop violence against cops.
“That’s a sad reality of the job.
“But they do ensure many of these criminals get much more than a slap on a wrist.”