Date published: 29th May 2018

In his recent speech to the Police Federation the Home Secretary, Sajid Javid, has reopened the debate about the use of spit hoods by the Police.

In what appears to be an attempt to get the Police Federation on side, his speech this week seems to suggest he is in favour of the increased use of spit hoods and Tasers.

We previously posted an article on our website about their use and the inclination of the Police Federation that they should be more widely used. This article caused some considerable commotion on social media. There is a divergence of views about their use but uniform condemnation of spitting. Spitting is seen to be not only an act of aggression but an act intended to demean the person whom it is aimed at. There can be no argument but that spitting is reprehensible.

What remains for debate is whether the control of spitting by a detained person requires the use of a hood.

The scientific evidence of the risk of infection from spitting suggests that such a risk is very low – and in the case of HIV non-existent.

Consequently one needs to look at the risks of the use of such hoods. The Devon & Cornwall Crime Commissioner is concerned about the consequences of their use – see the article hyperlinked above.

There is currently an inquest ongoing in relation to the death of Terry Smith from Stanwell, Surrey . He was 33 when he died following detention and restraint by Surrey Police on the 13 November 2013. One of the issues that the jury will need to be considering in that case is the use of a spit hood.

The use of spit hoods by the police must be carefully monitored and reviewed. Whilst one would never disagree that the Police should be equipped to do their job there are clearly issues about the nature of the equipment they are given and the training required to ensure it is properly used. To promote a rolling out of spit hoods now appears to be a cavalier step to take.