Question
If PSNI policy on Spit and Bite Guards advises ‘If officers are aware or believe that the subject has mental health or another debilitating condition, which the use of a Spit and Bite Guard could exacerbate, the presumption will be that a Spit and Bite Guard will not be used.’ Can the Chief Constable account for the reason why between 1st October 2024 and 31st September 2025, 37% of Spit and Bite Guards are deployed due to Mental Health as an impact factor?
Answer
A Spit and Bite Guard prevents a subject from being able to assault officers, staff and members of the public by means of spitting. Whilst it will not prevent biting it could lessen the degree of injury.
The application of a Spit and Bite Guard on a subject is a use of force and must be recorded as such. Its use should be carefully assessed using the National Decision Model (NDM) and service policy.
All Police Officers / Civilian Detention Officers applying a Spit and Bite Guard must complete the appropriate training prior to being issued with one by their Supervisor.
A Spit and Bite Guard will only be applied to a person who:-
- is spitting, has spat, is preparing to spit or is threatening to spit.
- Is biting, has bitten, is preparing to bite or is threatening to bite.
- Previous instances of the above will not provide justification for its use in isolation, but combined with the above may provide justification.
Performance Committee
Any justification for its use remains with the person applying it and careful consideration should be given to vulnerabilities including taking into account a subject’s age or mental health. The PSNI Policy clearly states that ‘ If officers are aware or believe that the subject has mental health or another debilitating condition, which the use of a Spit and Bite Guard could exacerbate, the presumption will be that a Spit and Bite Guard will not be used.’ Therefore it is not the simple assessment of the presence of a mental health condition, rather the link that the officer must always have a reasonable grounds to believe that the use of the spit and bite guard could exacerbate it that would lead to a position that it would not be used. Such situations may be warning flags that would provide information around evidence of such exacerbation in the recent past.
The consideration of the mental health of a subject during a spontaneous dynamic incident is based on an officer’s perception of the subject’s behaviour at the time and not on a medical diagnosis.
The 37% deployed with mental health as an impact factor (as published in “Use of Force by the Police in Northern Ireland, 1 October 2024 – 30 September 2025”, NISRA) are a reflection of such officer perceptions and as such are subjective.
This refers to Spit and Bite Guard application where PSNI officers and staff have used a graduated flexible response to a spontaneous incident.
Officers have made attempts to de-escalate subjects through good communication, and physical restraint and these have proved ineffective or are likely not to have been effective in prevention of spitting or biting by the subject.
Application of the Spit and Bite Guard may be the lesser use of force on such occasions in comparison to other tactical options. This tactic provides flexibility for removal from the subject at any time.
In all cases where a Spit and Bite Guard is being used and the subject is presented to custody, a medical assessment is carried out and referral made in line with the custody policy.