West Australian police and prisons will continue using spit hoods on detainees "as a last resort" after the controversial form of restraint was banned by the Australian Federal Police [AFP] last week.
The AFP announced it would stop using the hoods, which have been the focus of safety and human rights concerns, saying the risks outweighed any benefits.
Spit hoods, as described by WA Police, are similar to a fly-net that is made of loose material with a guard positioned across the mouth of the wearer.
The decision by the AFP, which also ceases the use of spit hoods by ACT police, makes WA one of only two remaining police jurisdictions in the country — along with the Northern Territory — that uses them.
The AFP said its own review had found the hoods were not an effective way to prevent the transfer of disease, but WA authorities have defended their continuing use.
WA Police Commissioner Col Blanch said they were a necessary tool that was only used as a "last resort".
"I know they said [the AFP] did a bit of research on that but, at the end of the day, police officers having less spit in their eyes, nose and mouth would be better off," he told Nadia Mitsopoulos on ABC Radio Perth.
"It is a disgusting thing to happen to someone."
WA banned spit hoods in youth facilities in 2016 following public outcry over footage that emerged from the NT showing a juvenile in a spit hood strapped to a restraint chair.
The mesh hoods are now banned at all Australian youth detention centres.
Police bans around country
State and territory police — except for WA and the NT — have subsequently stopped using them entirely due to human rights and safety concerns.
Queensland Police were the latest to ban the use of spit hoods in response to community concerns, but the state still allows their use in adult prisons.
In South Australia, the government went a step further by criminalising the use of the restraint in police custody, prisons and mental health facilities, following a damning report by that state's ombudsman.
But in WA, there was a sharp rise in the recorded use of spit hoods in adult prisons between 2016 and 2020 according to a report by the Office of the Inspector of Custodial Services.
But the Use of Force report said it was unclear if the reported increase, from five cases across the state in 2016 to 22 in 2020, was due to increasing reliance on the hoods or better reporting.
The WA Department of Justice also said it had no plans to stop using spit hoods.
A spokesperson said they were used infrequently and for brief periods to prevent injury when there was a safety risk to others.
Authorities say usage monitored, infrequent
"Prisoners are directly observed during the time a spit hood is in place and normally this is only a matter of minutes," the Department of Justice spokesperson said in a written response to questions.
"The department has an appropriate oversight system in place to report, record, and monitor usage."
But WA Police said they would remain in use at the Perth Watch House — the state's main facility for adult detainees.
In a statement, WA police said there were strict guidelines to ensure only trained officers could use spit hoods in situations where they "reasonably suspect" or "reasonably believe" there was a risk of bodily injury or communicable disease from biting or spitting.
Each use of a spit hood was reviewed to ensure compliance with laws, policies, and procedures, the statement said.
WA Police Commissioner Col Blanch said the safety of the detainee was a priority.
"In our history, we've had a lot of issues, a lot of coronial inquests," he said.
"We've had deaths in custody, we've had all of these huge issues that police must maintain.
"So the checking on people in our custody area is regular, it's more than one person and it's got incredible oversight and scrutiny on it."
He said the wellbeing of officers, who could have to go on a course of medication if there was concern they could have contracted a disease, was a reason the spit hoods were needed.
"They have to actually avoid contact with their loved ones whilst they go through a variety of tests," he said.
"It's very challenging for police officers."
