Prof. Ian Freckelton1
1University Of Melbourne, Australia
Biography:
Ian Freckelton is a King's Counsel with a national practice as a barrister. He is also a professor of law and professorial fellow in psychiatry at the University of Melbourne and an Honorary professor of forensic medicine at Monash University, an elected fellow of the Academies of Law, Health and Medical Sciences, and Social Sciences. He is a former president and life member of ANZAPPL. In 2024 he was awarded the Prix Philippe Pinel by the International Academy of Law and Mental Health. He is the author of approximately 50 books and 750 articles and chapters of books.
Abstract:
Spit hoods have been used for decades to reduce the ability of persons to spit at and bite police officers, corrective services officers, paramedics, doctors and nurses. However, historically and in public consciousness they have sinister resonances and have a propensity to induce fear, panic and distress in persons to whom they are applied or in whose presence they are worn. Problematically frequently spit hoods have been used on detainees from ethnic minorities, including in Australia, on Indigenous persons, individuals with mental illnesses and children taken into custody. Most importantly, on a number of occasions spit hoods have been used with other forms of restraint and resulted in deaths in custody and have been the subject of high-profile inquests, particularly in South Australia and Queensland. Their use in the Northern Territory in relation to minors has been particularly controversial. This paper reviews high profile cases where spit hoods have played a role in precipitating deaths, important reports and reviews, including from coroners, ombudsmen and commissions of inquiry, into their abuse, and law reform (in particular in South Australia) in relation to spit hoods. Focusing upon trauma-related issues, especially in relation to young persons and persons with mental illness, it argues in favour of their abandonment and their replacement with other personal protective equipment options for protecting custodians’ and carers’ occupational health and safety.