Key Takeaways
- A young person in custody at Tasmania’s Ashley Youth Detention Centre (AYDC) was forced to wear a makeshift spit hood, which made it "hard to breathe".
- The use of spit hoods has been associated with multiple deaths in custody and is considered a breach of human rights.
- The Office of the Custodial Inspector has recommended a legislative ban on spit hoods and improvised spit hoods in all circumstances.
- The report also recommended improvements to governance of contractors transporting inmates, including vetting of staff and regular executive oversight and auditing.
- The use of spit hoods is banned in the Tasmania Prison Service, but not explicitly prohibited at AYDC at the time of the incident.
Introduction to Spit Hoods
A spit hood, also known as a spit guard, spit sock, or safety hood, is a loose piece of fabric used by police and correction officers to cover an inmate’s head, preventing them from spitting or biting. However, the use of spit hoods has been associated with multiple deaths in custody and is considered a breach of human rights. A recent incident at Tasmania’s Ashley Youth Detention Centre (AYDC) has highlighted the need for a ban on spit hoods, with a young person in custody being forced to wear a makeshift spit hood, which made it "hard to breathe".
The Incident at AYDC
The incident occurred in November 2024, when a young person was being escorted between the Launceston General Hospital and the detention centre by guards from contractor Essential Security. The young person had displayed "challenging behaviours" on the journey, including kicking, punching, and verbal abuse. In response, the driver instructed another worker to pull the young person’s "t-shirt up over his face so he could not spit on anyone again". The young person told investigators that this made it "hard to breathe". The report described CCTV footage of the incident, which showed the young person being removed from the vehicle with his hands handcuffed behind his back and his t-shirt pulled up over his face and head.
Concerns and Recommendations
The report raised "serious concerns" over a lack of safeguards for young detainees while in the care of Essential Security staff, finding "child-safe principles that should apply in these circumstances were absent". The Department for Education, Children and Young People said spit hoods were not explicitly prohibited by at Ashley at the time, but now are. The report recommended a legislative ban on spit hoods and improvised spit hoods "in all circumstances". It also recommended improvements to governance of contractors transporting inmates, including vetting of staff, and regular executive oversight and auditing.
The Controversy Surrounding Spit Hoods
The use of spit hoods has been widely criticized, with many arguing that it is a breach of human rights. In 2016, spit hoods sparked global public outcry after CCTV footage of a hooded Northern Territory teenager aired on Four Corners. The teenager was tied to a chair at his ankles, wrists, shoulders, and neck, and left masked for almost two hours at Don Dale Youth Detention Centre. His treatment prompted then-prime minister Malcolm Turnbull to call a royal commission into juvenile justice in the territory, which recommended spit hoods be banned. Former national children’s commissioner and justice reform initiative spokesperson Anne Hollands said many young people had already suffered trauma and maltreatment, and that the use of spit hoods was "entirely incompatible with human rights".
Reaction from Authorities
Tasmania’s Interim Commissioner for Children and Young People, Isabelle Crompton, said spit hoods were "entirely incompatible with human rights". Both Ms Crompton and the Tasmanian Greens have called on the government to implement the recommendations in full. Tasmanian Minister for Children and Youth, Jo Palmer, said the government "supports the intent of the Custodial Inspector’s review and recommendations" and would continue improving the transport process, training, policy and governance. Essential Security, the contractor involved in the incident, did not participate in the investigation, instead providing a letter from its lawyer rejecting many of the assertions.
Conclusion
The use of spit hoods is a highly controversial issue, with many arguing that it is a breach of human rights. The incident at AYDC highlights the need for a ban on spit hoods, and the report’s recommendations should be implemented in full to ensure the safety and well-being of young people in custody. As Tasmania’s Interim Commissioner for Children and Young People, Isabelle Crompton, said, "Let us be under no illusions — an improvised spit hood is still a spit hood". It is time for the government to take action and ban the use of spit hoods once and for all.