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ARTICLE · 19 FEBRUARY 2024

Are "Spit Hoods" illegal in Australia?

Discusses what Spit Hoods are & the way the law deals with them in the different parts of Australia.

AustraliaGovernment, Public Sector

The New South Wales state government is seeking to prohibit the use of 'spit hoods' on detainees to ensure they cannot be used in the future due to the risk of trauma, injury or even death to the wearer.

A spit hood is typically a mesh bag which is placed over the heads of detainees, covering their face, which can be secured at the base around the wearer's neck. They aim to stop the detainee from spitting or biting, to prevent injury or infection to guards.

However, their use creates a large risk of injury or death to the wearer, with spit hoods implicated in numerous deaths in custody.

The risk of using spit hoods has been found to vastly outweigh any benefits of their use, given they are ineffective in protecting against transmissible diseases as detailed by a review initiated by the Australian Federal Police ('AFP').

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