‘Inhumane’ spit hoods still in widespread use across Queensland, despite royal commission recommendations

Newly released figures show spit hoods were used 82 times across Queensland prisons last year, as an inquest resumes on Tuesday into the death of an inmate in Townsville.

The Queensland police service announced in September it would no longer use spit hoods in watch houses after a “thorough review into the matter” but they continue to be used in the state’s prisons.

A spit hood is a bag constructed out of mesh placed over the heads of detainees to stop them from spitting or biting, with the aim of preventing injury or infection to guards.

The use of spit hoods and restraint chairs was described as “inhumane” by a 2017 royal commission into the protection and detention of children in the Northern Territory, which recommended they no longer be used.

Spit hoods are not used in Victoria or New South Wales and South Australia became the first state to enact an absolute legislative ban on them in 2021.

Australian federal police and Australian Capital Territory police also stopped using the devices in 2023, after finding found “the risk of using spithoods outweighed the benefits of their use”..

The Queensland figures for the 2022-23 financial year were revealed on Monday in answer to a question on notice by the Greens MP for Maiwar, Michael Berkman.

It was also revealed that spit hoods had been used on five female prisoners in a 12-month period.

On Tuesday an inquest will resume in Brisbane into the death of Selesa Tafaifa, who died in prison in 2021 with a spit hood over her head. Tafaifa’s family have been pushing for the devices to be outlawed.

Latoya Aroha Rule from the national Ban Spit Hood Coalition said the new statistics, though “shocking”, didn’t reveal the full story.

Spit hoods were often used alongside other physical restraints like the prone position or handcuffs, adding to their risk of use, they said.

Rule said some prisoners could be put in a spit hood several times on different occasions, adding to the trauma.

It’s only a matter of time before another inmate suffers the same fate as Tafaifa, they said.

In his response to the question on notice, Mark Ryan, the police and corrective services minister, defended the use of the controversial devices.

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Ryan said there had been 225 incidents in the last four financial years – about one incident a week – of prisoners biting or spitting at Queensland Corrective Services employees.

“The safety of custodial officers and those detained in custodial centres is a key and important consideration for (QCS),” he wrote.

“I am advised that QCS custodial officers are among the best-trained and equipped custodial officers in Australasia. All incidents in custodial centres are taken seriously and are the subject of review and oversight as and when appropriate.”

Berkman reiterated calls for spit hoods to be explicitly banned.

“These are deadly devices that disproportionately kill First Nations people,” he told Guardian Australia. “Other jurisdictions have already banned spit hoods and we should follow suit to avoid more deaths in custody.

“Queensland Labor should legislate a clear prohibition on the use of spit hoods in all facilities, including mental health facilities, forensic disability services, aged care, immigration facilities and prisons.

“There is no evidence these devices prevent the spread of disease. There is no good reason to put a bag over someone’s head.”