Faced with violent, abusive offenders who smear faeces on cell walls and spit blood, police say there is no practical alternative to a spit hood

The use of spit hoods to prevent offenders in custody spitting on police has the potential to become a flashpoint in relations between the Australian Federal Police Association, which represents the ACT's officers, and the ACT Human Rights Commission, which opposes the use of the hoods.

Spit hoods are mesh masks placed over a detainee's head to prevent them spitting or biting. They are not used in many states and are banned in South Australia.

The commission says it was "seriously concerned" on the lack of data about the use of spit hoods by ACT police, claiming that other jurisdictions "use them disproportionately on Aboriginal and Torres Strait Islander peoples, including children". It also expressed concern about the risk of suffocation.

But police believe the commission is out of touch with the challenges presented to the officers who have to handle these difficult prisoners in custody, and say that the issue was being unnecessarily politicised.

In ACT Estimates hearings this week, Chief Police Officer Neil Gaughan said spit hoods were used "very seldomly" and provided an example of a recent incident where a 16-year-old girl was placed in a spit hood.

"It is easy for them [the commission] to criticise from the safety and comfort of their air-conditioned offices," police association president Alex Caruana said.

"I would encourage [commission] executives to spend an entire week in a police car going from job to job with [police] members ... to see how professional they are when they are dealing with their own safety and human rights being infringed on.

"Putting the safety of violent offenders above that of police and the public does not meet community expectations. My members are citizens and taxpayers as well."

ACT Assembly Estimates were told on Thursday that the use of mechanical restraint chairs and spit hoods was "not specifically prohibited" in the ACT's Bimberi children's prison but that use of force involving a restraint should be "proportionate to the circumstances".

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The ACT Greens have jumped on the issue, with MLA Andrew Braddock claiming that spit hoods are "dangerous, degrading devices".

The Greens say there is no transparency on how often the devices are used but this has been denied by police, who say the data is recorded but is done so manually, which makes it difficult to extract.

Police officers working in the ACT Watch House are subjected to some of the most dangerous and offensive of human behaviours, such as prisoners hiding weapons and "sharps" inside their bodily orifices, and smearing faeces, urine and blood across the cell walls.

In the below-ground cells under City Station where prisoners are held before they appear in court, officers regularly have to manage offenders who are violent, drunk and/or drug-affected, and highly abusive.

Mr Caruana said that face shields failed to prevent officers coming in contact with bodily fluids spayed by an offender fighting custody.

"Biting the inside of one's mouth and then spitting the resultant blood at arresting officers is not something which can be precluded with handcuffs," Mr Caruana said.

In a community where the health risks from COVID-19 and infectious blood-borne pathogens remained ever-present, he said that the only practical alternative to spit hoods was to blood and saliva test all incoming offenders to the Watch House.

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