Controversial spit hoods still used on children in Queensland
Queensland’s Police Minister admits spit hoods are still used in the state’s watch-houses despite their description by the United Nations as ‘torture devices’.
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Spit hoods have been used on children in Queensland watch-houses 20 times since the current government came to power, with the controversial devices deployed eight times since 2019.
Queensland and the Northern Territory are the only jurisdictions in the country which still allow the use of spit hoods, which have been described by the United Nations as “torture devices”.
Spit hoods are sacks placed over the head and held in place by elastic, to prevent a person from spitting or biting officers, and have been linked to deaths in custody in Australia and overseas.
During a budget estimates hearing on Wednesday, Police Minister Mark Ryan said the devices had been used on children 20 times since 2015, and eight times since 2019.
Questioned on the issue by Greens MP Michael Berkman, Police Commissioner Katarina Carroll said spit hoods had not been used “in the past six or seven months”.
“We working very closely with the Children’s Commissioner to make sure that in the future, we have other options rather than that,” she said.
“I am well aware that we are one of the rare ones that still have (the use of spit hoods) in place
“So we are looking at, very closely, working with the Children’s Commissioner, to … stop that use in the future, it’s just looking at how else we deal with those instances in our use of force options, so that is happening into the future.”
Amnesty International has labelled the use of spit hoods on children as “cruel, inhumane, or degrading treatment or punishment”.
While the use of the devices has been banned in Queensland youth detention facilities, their use in watch houses is still permitted.
Mr Ryan said the government would work alongside the police service to “get the policy mix right to work with the operation requirements” of the police.
“The Commissioner has been very clear around … the police operational use and the advice that I have got is that they are rarely used and in recent times have not been used,” he said.
“But certainly, it would be the government’s view that we would work alongside the police service to ensure that they had appropriate use of force options which didn’t include spit hoods.”
The government did not reveal how many times spit hoods had been used on adults, or how long they had been used on individuals.
Mr Berkman said the devices must be banned, and called on the government to prohibit their use on both children and adults.
“You can offer alternatives all you like, but until you get spit hoods out of prisons and watch houses they can still be used on children and adults, and they will be disproportionately used on First Nations people,” he said.
“South Australia waited until these torture devices killed someone to ban them.
“Let’s not wait for another death in custody before we act here in Queensland.”
Leading Indigenous rights advocate Cheryl Axleby, who is the co-chair of Change the Record, said “there is no safe way to use spit hoods”.
“Spit hoods have been implicated in the deaths of Aboriginal and Torres Strait Islander peoples in custody – including the tragic death of Wayne Fella Morrison – and are dangerous, degrading devices.
The use of spit hoods have previously been justified by law enforcement agencies as a means to protect officers but they have since been outlawed in South Australia.
“The idea that it is ever okay to put a bag over the head of a distressed child or adult is barbaric,” Mrs Axleby said.
“In an era where we have world-class PPE there is absolutely no need for these dangerous and archaic devices.”
The use of spit hoods is contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners, the Change the Record co-chair said.
“These are rules that spell out the most basic standards that every human being in detention is entitled to,” she said.
“It is shameful that First Nations people and children in Australia do not have these basic human rights protected.”
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