Recently, the West Australian newspaper they did a story on spit hoods and they used by law enforcement officers in the course of their work. While ordinary people, who workoutside of the law enforcement system may not be aware of this vital piece of equipment, law enforcement officers and police often use spit hoods to protect themselves from being spat on by detainees while being restrained.

At first appearance, it may appear that having a spit hood is an overreaction, but large amounts of the persons who are being detained by police and law enforcement have in dangerous diseases such as hepatitis C and HIV. The effect on law enforcement officers who are spat on by these detainees can be profound, including several months of uncertainty as to whether they have an infectious disease and relationship with their partner can also suffer. It is common for people in this situation to make workers compensation claims and criminal injury compensation claims.

A matter of some controversy in the media in recent times has been that in Western Australia, the police do not have a Workers’ Compensation system. The common situation in this regard is for the police offices to just make a criminal injuries compensation claim.

Some people consider that spit hoods are an unnecessary part of the criminal justice system. When a person from outside of the system looks at them, they can appear to be a be cruel and dehumanising, but when one considers the effect that spitting can have on the person’s life, it becomes clear that these hoods are definitely worth having if they can avoid workplace hazards at least part of the time. It is also apparent to Foyle Legal from discussing this with the clients that spit hoods are not a solution in themselves, but should be used as part of a more integrated strategy to avoid workplace hazrds in the area of law enforcements. Our clients have indicated to us that other measures to avoid workplace hazards could include ensuring that the detainee is facedown to ensure that they cannot spit on the law enforcement officers.

Western Australia relies on correctional offices in order to keep our criminal justice system in check so that we can sleep well at night. Without the ability to protect themselves, it is likely that law enforcement officer will be reluctant to take on situations which need to be addressed within the criminal justice system. While they may be no physical harm from a spitting incident, there is likely to be ongoing psychological harm which may impact the ability of a law enforcement officer to do the job.

Personal injury law is a complicated area of law end it is common for several types of compensation to intersect with each other. If you have an existing claim for compensation it is likely that you will benefit from the services of a trained personal injury lawyer who understands the system in relation to personal injury claims.

Foyle Legal specialises in the area of compensation law in Western Australia and takes on compensation claims on a no win no fee basis. You can contact Foyle Legal on 0408727343, by email at christian. [email protected] or you can visit our website at foylelegal.com.

Foyle Legal
6/2 Carson Road
Malaga, Perth, WA 6090
Phone: 0408 727 343
foylelegal.com