Spit Guards
Part One – Policy
Summary
Humberside Police recognise the need to protect officers and staff from the risk of transmission of diseases caused by persons spitting. Spit Guards are a proportionate and appropriate piece of Personal Protective Equipment.
This policy sets out the standard operating procedures for the training, use of and recording of use of the Spit Guard.
Compliance
- Human Rights Act 1998
- Health and Safety Act 1974
- Control of Substances Hazardous to Health (CoSHH 2002)
- Section 117 Police & Criminal Evidence Act 1984
- Section 3 Criminal Law Act 1967
- The Equality Act (2010)
- Common Law Act
- Section 76 Criminal Justice and Immigration Act. 2008
Code of Ethics
The use of Spit Guards will comply with our commitment to the Code of Ethics. The 9 core values of Policing. Accountability, Integrity, Openness, Fairness, Leadership, Respect, Honesty, Objectivity, Selflessness.
Further Advice
For further advice please contact the Special Operations Training Unit (1167)
Part Two – Policy Procedure
Chapter One – Authority Levels
1 Authority Levels
Authority to amend this Policy – ACC Operations
1.1 Authority to utilise Spit Guard
Authority to use the Spit Guard is given by the ACC OPERATIONS only to those Police Officers/Staff who have received specific training in the use, warning factors and recording requirements associated with the use of the Spit Guard.
Chapter Two - Procedure
2 Procedure
2.1 Training
Officers/Staff members MUST without exception have undertaken specific training as described in 1.2.1 before using the Spit Guard. Training is provided by Personal Safety Trainers. The Officer/Staff member must remain current in their personal safety training and must be refreshed a minimum of once per year.
Accurate records will be maintained of all such training received. This information will be recorded an individual’s HR record. Each trainer shall ensure such information is provided to the Training Support team following each relevant training event.
2.2 Use of Spit Guard
The Spit Guards use should be carefully assessed using the NDM. The justification for use of the guard remains with the person applying it or instructing it to be applied. Only the approved and issued spit guard will be used. No other type will be utilised under any circumstances.
The use of the Spit Guard may be justified where in exceptional circumstances there is clear evidence of spitting NOW or a clear and tangible threat of spitting being carried out by the subject. It should be borne in mind that the use of the spit guard is exceptional and must be justified.
Situations encountered where use of the Spit Guard may be justified (subject to appropriate risk assessment) are recognised as follows: Moving a person from the scene of an arrest to a police vehicle. Placing a person into a police vehicle or cell or, transporting a person to a location (custody suite).
Prior to use, a warning should be given (if practicable) for the benefit of the subject, onlookers and other officers/staff members. The warning should be similar to that used prior to use of other Personal Protection Equipment. The warning should be words similar to “stop spitting, stop spitting. I am requesting you to stop spitting. To protect myself and others I am placing a spit guard over your head”
Prior to any deployment (along with other checks of PPE) officers should ensure that the Spit Guard is new and undamaged, and has not become contaminated in any way.
Where possible Body Worn Video should be on and recording any spit guard application.
A minimum of two officers/staff members are required to safely control the subject. The subject should always be handcuffed to the rear before the Spit Guard is utilised to prevent the subject removing the guard.
Under NO CIRCUMSTANCES should a detainee be left unattended, they must ALWAYS BE MONITORED whilst the spit guard is in use. This ensures that the subject is constantly assessed for the risk of difficulty breathing, vomiting, positional asphyxia or bleeding profusely. This includes travelling in vehicles. The cell compartment of a van is not a suitable area for the subject due to the inability to have constant monitoring. Suitable transport must be arranged.
If possible eyewear and facial jewellery which may interfere or restrict the safe application or removal of the spit guard should be removed prior to any use.
Officers/Staff members must bring to the attention of the Custody Sergeant the fact that the subject has been restrained and a Spit Guard applied. This fact MUST be recorded on the custody record of the subject giving the reasons to do so. The use of the Spit Guard does not automatically require a medical examination on arrival at a custody suite. Any such examination in police custody is a consideration for the custody sergeant, taking into account all the available circumstances.
The Spit Guard must be removed once the threat of being spat at has diminished. As such a subject should never be left in a cell with a Spit Guard on. In the case of a violent detainee, the removal should take place as part of the cell exit procedure.
Once used, the Spit Guard must be considered as a biohazard. As such, it must be disposed of as per local arrangements utilising yellow biohazard containers.
Part Three – Recording, Audit and Accountability
3. Recording
3.1 The use of the SPIT GUARD is a USE of FORCE and MUST be recorded.
It is a mandatory requirement that this be done via the “Use of Force” reporting form accessed via the Intranet.
The Use of Force report must be completed by each officer individually and not collectively.
Use of the Spit Guard must be recorded on the Custody Record of each individual regardless of location the Guard was applied.
3.2 Auditing
3.3 Each use of force form is forwarded to the individual officers Line
Manager for first stage audit. Any use of force form which includes the use of the Spit Guard will automatically be forwarded for second stage audit process via the Special Operations Training Unit who will review the use of the Spit Guard.
Audit is also conducted by the Diversity Panel, a not for profit organisation working for social justice to create a more inclusive society that thinks more about those at the very margins of our communities. This Audit allows for full transparency with three levels of safeguard.
3.4 Accountability
3.5 Each individual Officer/Staff Member is held accountable for the individual Use of Force. Any complaint by any person with regards to Use of the Spit Guard shall dealt with in the locally prescribed Manner.
Part Four - Policy database Administration
For Policy Unit Use Only
Document information
The table below lists the details relating to this document.
| Item | Details |
| Document Title | Police Use of Spit Guards on Detained Persons |
| Version | V2.0 |
| Owner | Communities Command |
| Author / Reviewer | Supt P Butler |
| Date of last review | 03/08/2021 |
| Date of next review | 03/08/2024 |
| Risk Assessed | Completed: No |
| Equality Impact Assessment relevance test | Completed: Yes |
| Full Equality Impact Assessment | Completed: No |
| Compliant with Human Rights Act 1998 | Yes |