The Malta Independent 20 June 2025, Friday
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Government proposes removal of suspended sentence option for violence against public officers

Isaac Saliba Wednesday, 2 October 2024, 12:14 Last update: about 10 months ago

The government will bring forward legal amendments in Parliament next Monday with the primary aim of strengthening the country's laws when it comes to deterrence against and penalties for violence committed against public officials, Home Affairs Minister Byron Camilleri said during a press conference on Wednesday.

Among the proposals is the elimination of the option of giving a suspended sentence or a conditional discharge to people who use violence against public officers.

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Minister Camilleri referred to a recent incident in Hamrun in which two constables were assaulted. The two constables, Clive Mallia and Aidan Demicoli, were assaulted in a brawl which was captured on video by onlookers and quickly caught people's attention on social media. The two officers were given medical assistance at Mater Dei Hospital, with one having suffered grievous injuries whilst the other had light injuries. The incident resulted in five people being arrested and taken to court. Those arrested were four men and one woman, all Maltese nationals.

The Minister remarked that this incident does not reflect Maltese and Gozitan society, and that the majority of society has respect for the disciplined forces. He continued that the government has invested significantly in the disciplined forces and that the incidents of violence towards police officers carrying out their work have decreased significantly over the last seven years, with an approximate 67% reduction.

"We could have condemned what happened in Hamrun and stopped there. We could have said that our work is bearing fruit because that is what the numbers show and that an isolated case does not need to change anything. I believe differently, as if there remains even one case of an official who was assaulted when carrying out their duties, then that is not acceptable," he said. "One must never think of enacting violence on anyone, but especially so in regard to an officer fulfilling their duty."

Speaking about the proposed legal amendments, he began by saying that they were a result of a consultation process carried out with officers and unions, mentioning the Malta Police Union and the Police Officers' Union. He said that these unions met with the government and provided ideas and thoughts regarding how the laws could be made stronger.

The amendments to be presented in Parliament on Monday are as follows:

When the offence is an insult or threat towards the person, the minimum fine will be increased from €800 to €1,200, and the maximum fine will be increased from €5,000 to €7,500.

When the attack or violent resistance is enacted by one person or two people, the prison penalty will be increased from a minimum of six months to one year, and from a maximum of two years to four years whilst the minimum fine will be increased from €4,000 to €6,000 and the maximum fine will be increased from €10,000 to €15,000.

When the attack or violent resistance is enacted by three or more people, the prison penalty will be increased from a minimum of nine months to a year and a half, and from a maximum of three years to six years whilst the minimum fine will be increased from €5,000 to €7,500 and the maximum fine will be increased from €15,000 to €22,500.

When the attack or resistance involves the use of a weapon, the prison penalty will be increased from a minimum of one year to a year and a half, and from a maximum of four years to six years whilst the minimum fine will be increased from €8,000 to €12,000 and the maximum fine will be increased from €20,000 to €30,000.

When these offences include public violence, the minimum prison penalty will be increased from two years to three years, and the maximum prison penalty will be increased from five years to seven years, and there will be an introduction of fines as well, with the minimum being €10,000 and the maximum €25,000.

The Minister added that the possibility of a suspended sentence will be removed as well.

He remarked that these legal amendments are a clear sign in favour of the disciplined forces as well as discipline and respect in the country. He continued that the amendments align with the decisions that the government has made in legislation and investment towards the disciplined forces so that they can better conduct their duties to society.

Camilleri spoke of how a new sectoral agreement was recently signed, "which improves the conditions and rights of police officers". He also referred to the use of bodycams and said that officers have detailed how the presence and use of bodycams serves as an effective deterrent in regard to assaults on officers.

"Our commitment in favour of officers and all disciplined forces is very clear," the Minister remarked, adding that the government intends to continue that way.

The Police Officers Union (POU) made a statement reacting to the Minister's comments, saying that it positively recognises the increase in penalties for those who assault a public official while they are carrying out their duties.

It added that it considers the removal of suspended sentences an important development as well, and remarked that it is something the union believes in and has been pushing for. "We believe that all of this should send a clear message of discipline," the POU said.

The Malta Police Union said that it welcomes these amendments to the criminal code.

Responding to a question regarding whether these amendments would apply to the individuals arrested in the Hamrun incident if they are found guilty, the Minister said that it is his understanding that the law applies from when it is put into action.

Replying to another question regarding the status of the Maltese armed forces stationed in Lebanon considering the recent developments in the region, Camilleri replied that there are currently seven Maltese armed forces officials stationed in Lebanon, and that they are constantly being contacted.

He said that the Maltese forces are there in a peacekeeping capacity, and not as an operation of war. "We are observing everything happening in Lebanon," he commented, adding that there is an evacuation plan in place for the Maltese forces in the eventuality that it has to be used.

 


 

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