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Jacqueline Breen and Samantha Dick

The Northern Territory is 'considering' alternatives to spit hoods on kids in police custody, but won't say if they could be banned

This image of Dylan Voller, a former detainee at the Youth Detention Centre in Alice Springs, made international news in 2016. (Supplied)

The Northern Territory government says it's considering proposed alternatives to the use of spit hoods on young people in police custody, more than five years after they were banned from youth prisons. 

The use of spit hoods and restraint chairs in youth prisons ended following the Four Corners exposé on conditions in the Don Dale youth detention centre in 2016, however, they continued to be used in police custody. 

The Territory Labor government asked police to investigate alternative options in February this year, after renewed outcry over their continued use on children.

Territory Families Minister Kate Worden said police had recently reported back with potential alternatives — including the use of personal protective equipment — however did not say if they could be banned. 

"The most important thing is that we are able to keep workers safe — that is, our frontline officers," she said at a press conference on Thursday.

"Young people first come into custody often in a heightened state and we have to make sure we're looking after our workers as well as the young person involved.

"That matter will be considered by cabinet in the very near future."

Kate Worden has not committed to a blanket ban on spithoods. (ABC News: Terry McDonald)

Ms Worden did not directly answer when asked if Labor was considering an expansion of the existing ban and her office did not provide any clarification.

South Australia became the first state to ban spit hoods in all contexts last year, with their use limited in other states.

Workers inside Don Dale and the Alice Springs youth prison can use face shields "when dealing with distressed young people" a Territory Families department spokesperson said.

Labor to increase maximum jail sentence for spitting at police

Ms Worden was unable to say whether spit hoods had been used on children in police custody since February.

At the time, police said the hoods had been used on children 27 times since 2018.

In a statement, the government also drew attention to its plan to double the maximum penalty for spitting at police and emergency workers to 10 years jail.

The move was announced after the territory's police union and Country Liberal Party (CLP) ramped up calls for mandatory sentencing for assaults on police.

The CLP has tabled proposed laws in parliament — which it does not have the numbers to pass — that would trigger mandatory jail terms for assaults on police, including by first-time offenders.

The laws would also apply to anyone who attacks a range of other workers including nurses, teachers and retail and hospitality workers.

The Opposition has suggested a mandatory jail sentence for first-time offenders who spit at frontline workers. (ABC News: Jesse Thompson)

Asked if courts should have discretion to factor in personal circumstances such as cognitive impairment, CLP member Marie Clare-Boothby said: "if people choose to spit at anybody, that is a horrendous crime".

"Police for example need to wait up to three months to hear whether they've been infected with something after they've been spat on," she said.

"This is something that needs a very serious consequence attached to it."

Long-time lawyer makes plea to Prime Minister

The changes are being debated while weekly protests continue outside the still-operating Don Dale youth detention centre, which Labor promised to close in 2017.

There are currently 33 young people at Don Dale, according to Territory Families.  (ABC News: Sara Everingham)

A replacement facility is slated to open in 2023 next to Darwin's adult jail, despite the youth detention royal commission saying the centre should not be located alongside an adult prison.

The numbers of young people in Don Dale has more than doubled since controversial bail laws were passed last year, which Labor said would increase the number of children detained on remand.

A 500 per cent increase in self-harm incidents was reported by the Territory Families department in June.

The NT government also remains under continued community and media pressure on the topic of youth crime, especially property crime, as well as anti-social behaviour in Darwin and Alice Springs.

Protesters say it is taking too long to replace Don Dale. (ABC News: Jane Bardon)

Long-time local barrister John Lawrence, who was a whistle-blower interviewed in the Four Corners exposé, this week called on the federal government to step in.

"I heard the Prime Minister [at] Garma talk about how he was impressed by the Indigenous faith in Australian fairness and decency," he said on The Drum.

"If he is fair dinkum about wanting to show Aboriginal people that he wants their conditions improved then he can end this infamy within weeks."

Mr Lawrence said he had written to several federal ministers as well as members of the Greens, asking them to pass legislation forcing the closure of the current centre.

"They can end this," he said.

"And they should, and it would be a wonderful gesture of good faith."

The office of the Northern Territory ombudsman has confirmed it has started its own investigation into the use of spit hoods and restraint chairs by police.

The use of spit hoods has been covered in previous investigations by the ombudsman, including one in which he said a hood did not appear to have caused a 13-year-old girl distress or discomfort.

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