Queensland Police Service ban use of spit hoods in watch house after NT News investigation

Queensland Police has banned spit hoods in watch houses. The devices are still used in the Northern Territory, despite an NT News campaign to outlaw them across the country.

Spit hoods have been banned in Queensland watch houses following a review of the controversial items in the wake of an NT News campaign to have them removed across Australia.

Queensland Corrections will still continue to use them in adult prisons while WA Corrections also uses them as do police forces in the Northern Territory and the Australian Capital Territory.

Queensland Police Commissioner Katarina Carroll announced on Monday the state had ended the use of spit hoods in all watch houses following a review into the restraints.

“We recognise there are community concerns around the application of safety hoods (spit hoods) in police watch houses and we undertook an extensive review of the issue before formally discontinuing their use,” Ms Carroll said.

“While safety hoods served a purpose to protect staff, they were very rarely used in our watch houses.

“The QPS will implement a number of safety measures in watch houses including increased PPE, additional protective screens and rolling out new operational skills training program for watch house staff.”

The ban came into effect on September 16.

“Although rarely used, safety hoods were applied to persons in watch-house custody as a barrier to prevent officers from being spat on or bitten and potentially being exposed to transmittable diseases,” a QPS spokesman said.

The devices were used by Sunshine State police for 13 years.

QPS said spit hoods were used 138 times between 2015 and 2022, equating to 0.04 per cent of the total number of people in police custody during this period.

Spit hoods have been used on children in Queensland watch-houses 20 times since 2015.

“The QPS acknowledged concerns raised by the Queensland Human Rights Commissioner and the Queensland Family and Children’s Commission over the continued use of safety hoods and conducted a thorough review into the matter,” the spokesman said.

Police said personal protective equipment and the ability to separate prisoners were considered as alternatives to the restraints, which are considered ‘torture devices’ by the United Nations.

In February the NT News exclusively revealed that Territory police had used spit hoods on children 27 times since 2018, including kids as young as 12-years-old.

The reports sparked an internal NT Police review of the practice, which has yet to be publicly released eight months on.

The Territory’s Ombudsman was also investigating the use of spit hoods in police watch houses.

ACT Police, which are a division of the Australian Federal Police, would not confirm how many times spit hoods had been used even on children. During ACT budget estimates police said the devices were classed in the same category of restraints as capsicum spray and handcuffs.

UTS Jumbunna Institute research associate Latoya Aroha Rule has been a leading advocate for the movement after their brother Wayne Fella Morrison lost consciousness and later died following restraint in a spit hood in South Australia in 2016.

Latoya and their family advocated following his passing, leading to South Australia becoming the first Australian jurisdiction to legally ban spit hoods in 2021.

Latoya said an operational police ban was not enough to prevent the continued use of spit hoods, and called for legislated bans in Queensland.

UTS Jumbunna Institute research associate Latoya Aroha Rule has been a leading advocate for the movement to spit hoods. Picture: MIKE BURTON

“They told us spit hoods were banned in the Northern Territory and in Queensland, but it simply wasn’t true as operational bans are not concrete bans,” they said.

“There is a certainty that when spit hoods are banned in law, they cannot be used again. “Queensland must ensure that there is no room for these torture devices – not in watch houses, nor in prisons, hospitals or other health facitilities.”

Justice reform activist and Sisters Inside Inc. chief executive Debbie Kilroy said the good news fell short of substantial change for people in custody.

“People in watch houses are transferred on to prisons, where spit hoods continue to be involved in death and punishment,” Ms Kilroy said.

“Victim’s families’ deserve justice and to know that these devices will not be applied upon anyone else.”

A step forward to end deaths by spit hoods in Qld watch houses

Police Commissioner made decision to discontinue their use on 16/9/22

The State must now legislate to ban spit hoods in all prisons & watch houses

Spit hoods cause death #qldpol@QldPolicehttps://t.co/lNifh0ta3F

— Debbie Kilroy #FreeHer (@DebKilroy) September 19, 2022

Amnesty International Australia Indigenous Rights Campaign Lead Maggie Munn welcomed the police move, but agreed the ban needed to be legislated across all settings for both children and adults.

Human Rights Law Centre Legal Director Nick Espie said the ban was “long overdue” calling the restraints “dangerous and traumatic”.

“We urge all states and territories to follow the example set by South Australia in legislating to end the use of spit hoods,” Mr Espie said.

“No one should ever be subjected to this archaic and humiliating device.”

Change the Record Co-Chair Cheryl Axleby echoed the calls to formally legislate the ban on spit hoods across all settings.

Greens Maiwar MP Michael Berkman also called for the spit hood bans to be extended to Queensland prisons.

“There’s no good reason to put a bag over someone’s head, especially in watch houses where children as young as 10 are held,” Mr Berkman tweeted.

“The government should follow through on the QPS commitment by banning spit hoods in legislation, including in prisons.”

BREAKING: Qld Police are finally discontinuing the use of spit hoods in watch houses.

I called on the govt to ban these torture devices last month. There’s no good reason to put a bag over someone’s head, especially in watch houses where children as young as 10 are held.

— Michael Berkman (@mcberkman) September 19, 2022

Mr Berkman said raising the age and prison reforms were also critical to improve Queensland’s justice system.

“The next step to meeting our human rights obligations is getting kids out of watch houses altogether and raising the age of criminal responsibility to at least 14,” he said.

Originally published as Queensland Police Service ban use of spit hoods in watch house after NT News investigation