b) Outrages and Violence Against Public Officers

This section together with another one (relating to desertion of crews by Masters) which has since been repealed, was inserted at the suggestion of Andrew Jameson. Commenting on Article 71 of the project (Section 86) he wrote in his report (page iv): “There are two offences which are intimately connected with the illegal arrest and detention now under consideration, which do not seem to have been brought under the notice of the learned Commissioners. These are the sending or imprisoning subjects of His Majesty beyond the seas and Masters of ships forcing on shore or leaving behind any person belonging to the crew. These are plainly varieties of the offence of illegal arrest and imprisonment and of a highly criminal nature, as they are easily perpetrated and with difficulty redressed. It is the more necessary that they should not be omitted in a penal code. The first comes directly under the designation of the section and is a very aggravated usurpation of executive powers, besides an act of great and criminal oppression to the individual. The second is an illegal detention of the very worst kind. The provisions of the article might strike at the former, but the latter could not be brought under their operation by construction and analogy” .

“It very advisable to extend by direct enactment these salutary provisions of the law of England, so anxious to entail over every species of violation of personal liberty, to the subjects of Her Majesty in Malta. Experience has shown the necessity of these provisions which form the subject of two statutes - the prevention of illegal imprisonment abroad having been secured by the Habeas Corpus Act, and that of the desertion of crews”72 .

The offence consisting in the carrying away any person from his own country into another is known by the name of “kidnapping”.

In this sub-title, our Code goes on to deal with other crimes against the public administration and makes provision against outrages upon or the use of illegal force against persons vested with public authority or exercising public powers. It is manifest that if threats, insults, forcible constraints or illegal violence are to be repressed by wise legislation whoever the person against whom they are directed, they assume

72 by 9 Geo. iv, capo 31; and 5 & 6 William iv; cap. 19