Common Informers Act 1951
Encyclopedia
The Common Informers Act 1951 (14 & 15 Geo. 6, c. 39) is an Act
of the United Kingdom Parliament that abolishes the principle of, and procedures concerning a common informer.
on criminal trials or prosecuted for breaches of Irish
penal laws
solely for the purpose of being rewarded with the penalty recovered, or a share of it. In medieval England, there was no police force and the state
bureaucracy
was insufficiently well developed to be able to ensure obedience to new laws. The practice of allowing the public to sue for penalties was successful and soon became widespread.
An action by a common informer was termed a "popular" or qui tam
action, because it was brought by a person qui tam pro domino rege quam pro se ipso sequitur (Latin "who sues for the lord king as well as for himself"). A legal action by an informer had to be brought within a year of the offence, unless a specific time was prescribed by the statute
. The informer had to prove his case strictly and was given no assistance by the court being denied discovery
.
Following the Revolution of 1688
in England
, the Popery Act 1698
introduced a reward of £100 for the apprehension of any Roman Catholic priest
. The result was that Catholics were placed at the mercy of common informers who harassed them for the sake of gain, even when the government would have left them in peace.
Jonathan Swift
described common informers as "a detestable race of people" while Edward Coke
called them "viper
ous vermin
".
In 1931, Millie Orpen, a solicitor's clerk, brought an action as a common informer against a cinema
chain for opening on a succession of Sundays, contrary to the Sunday Observance Act 1780
, s.1. Orpen claimed £25,000 (£1.64 million at 2003 prices) against the cinema company and individual members of its board of directors
. The claim was based on a forfeit of £200 per performance, per defendant
. The judge
, Mr Justice Rowlatt, expressed some distaste for the proceedings. He found against the cinema chain, awarding Orpen £5,000 (£328,000 at 2003 prices) with costs but found for the individual directors on the grounds that there was no evidence
that they were guilty on any particular Sunday. Costs were awarded to the directors against Orpen. The judge granted a stay of execution
pending an appeal
by the company. Later in the year, Orpen brought a claim against another chain but this time was thwarted by a change in the law legalising Sunday opening for cinemas before her case could be decided.
and the White Herring Fisheries Act 1771, provide for penalties for offenders in breach of the provisions. Before the Common Informers Act 1951, there were further statutory provisions for the levied penalties to be paid over to an informer. For example section 15 of the Commissioners Clauses Act 1847, still in force, states:
The Act removed this right to recover a penalty from 48 Acts, including:
Most of these have themselves been repeal
ed. The Crown
was also prohibited from bringing actions as a common informer (s.1(5)). The former penalties were not all abolished but were commuted to £100, later revised to level 3 of the standard scale
though the purpose of this provision was obscure as it was thought that not even the Crown could now bring such an action.
s". In 2007 a consultative document from the Home Office
raised the question of whether members of the public who informed on companies or individuals defrauding the government should be entitled to a reward.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the United Kingdom Parliament that abolishes the principle of, and procedures concerning a common informer.
Background
A common informer was a person who provided evidenceEvidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
on criminal trials or prosecuted for breaches of Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
penal laws
Penal Laws (Ireland)
The term Penal Laws in Ireland were a series of laws imposed under English and later British rule that sought to discriminate against Roman Catholics and Protestant dissenters in favour of members of the established Church of Ireland....
solely for the purpose of being rewarded with the penalty recovered, or a share of it. In medieval England, there was no police force and the state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
was insufficiently well developed to be able to ensure obedience to new laws. The practice of allowing the public to sue for penalties was successful and soon became widespread.
An action by a common informer was termed a "popular" or qui tam
Qui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
action, because it was brought by a person qui tam pro domino rege quam pro se ipso sequitur (Latin "who sues for the lord king as well as for himself"). A legal action by an informer had to be brought within a year of the offence, unless a specific time was prescribed by the statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. The informer had to prove his case strictly and was given no assistance by the court being denied discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
.
Following the Revolution of 1688
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the Popery Act 1698
Popery Act 1698
The Popery Act 1698 was an Act of Parliament of the Parliament of England passed in 1700. The long title of the Act is "An Act for the further preventing the Growth of Popery."...
introduced a reward of £100 for the apprehension of any Roman Catholic priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
. The result was that Catholics were placed at the mercy of common informers who harassed them for the sake of gain, even when the government would have left them in peace.
Jonathan Swift
Jonathan Swift
Jonathan Swift was an Irish satirist, essayist, political pamphleteer , poet and cleric who became Dean of St...
described common informers as "a detestable race of people" while Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
called them "viper
Viperidae
The Viperidae are a family of venomous snakes found all over the world, except in Antarctica, Australia, Ireland, Madagascar, Hawaii, various other isolated islands, and above the Arctic Circle. All have relatively long, hinged fangs that permit deep penetration and injection of venom. Four...
ous vermin
Vermin
Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person...
".
In 1931, Millie Orpen, a solicitor's clerk, brought an action as a common informer against a cinema
Movie theater
A movie theater, cinema, movie house, picture theater, film theater is a venue, usually a building, for viewing motion pictures ....
chain for opening on a succession of Sundays, contrary to the Sunday Observance Act 1780
Sunday Observance Act 1780
The Sunday Observance Act 1780 was an Act of the Parliament of the Kingdom of Great Britain.This Act was affected by sections 1 and of the Common Informers Act 1951...
, s.1. Orpen claimed £25,000 (£1.64 million at 2003 prices) against the cinema company and individual members of its board of directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
. The claim was based on a forfeit of £200 per performance, per defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
. The judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, Mr Justice Rowlatt, expressed some distaste for the proceedings. He found against the cinema chain, awarding Orpen £5,000 (£328,000 at 2003 prices) with costs but found for the individual directors on the grounds that there was no evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
that they were guilty on any particular Sunday. Costs were awarded to the directors against Orpen. The judge granted a stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
pending an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
by the company. Later in the year, Orpen brought a claim against another chain but this time was thwarted by a change in the law legalising Sunday opening for cinemas before her case could be decided.
The Act
Many statutes, such as the Simony Act 1588Simony Act 1588
The Simony Act 1588 is an Act of Parliament passed by the Parliament of England.The Act stipulates penalties for simony, an offence under the ecclesiastical law of the Church of England., it remains largely in force in England and Wales....
and the White Herring Fisheries Act 1771, provide for penalties for offenders in breach of the provisions. Before the Common Informers Act 1951, there were further statutory provisions for the levied penalties to be paid over to an informer. For example section 15 of the Commissioners Clauses Act 1847, still in force, states:
The Act removed this right to recover a penalty from 48 Acts, including:
| Staute | Repealed |
|---|---|
| Sale of Wares after Close of Fair Act 1331 | Repealed |
| Apprentices Act 1526 | Repealed |
| Maintenance and Embracery Act 1540 Maintenance and Embracery Act 1540 The Maintenance and Embracery Act 1540 is an Act of the Parliament of England.Any offence under this Act, to the extent to which it depended on any provision of this Act, was abolished for England and Wales on 21 July 1967... |
Repealed |
| Sale of Horses Act 1555 | Repealed |
| Simony Act 1588 Simony Act 1588 The Simony Act 1588 is an Act of Parliament passed by the Parliament of England.The Act stipulates penalties for simony, an offence under the ecclesiastical law of the Church of England., it remains largely in force in England and Wales.... |
In force |
| Act of Uniformity 1662 Act of Uniformity 1662 The Act of Uniformity was an Act of the Parliament of England, 13&14 Ch.2 c. 4 ,The '16 Charles II c. 2' nomenclature is reference to the statute book of the numbered year of the reign of the named King in the stated chapter... |
Repealed |
| Bank of England Act 1694 | In force |
| Gold and Silver Thread Act 1741 | 1 January 1975 |
| Universities (Wine Licenses) Act 1743 | In force |
| Disorderly Houses Act 1751 Disorderly Houses Act 1751 The Disorderly Houses Act 1751 is an Act of the Parliament of the Kingdom of Great Britain. It made provision in relation to disorderly houses.Section 1 was repealed by the Statute Law Revision Act 1867.... |
Repealed |
| White Herring Fisheries Act 1771 | In force |
| Plate Assay (Sheffield and Birmingham) Act 1772 | Repealed |
| Sunday Observance Act 1780 Sunday Observance Act 1780 The Sunday Observance Act 1780 was an Act of the Parliament of the Kingdom of Great Britain.This Act was affected by sections 1 and of the Common Informers Act 1951... |
In force |
| Partridges Act 1799 | Repealed |
| Sale of Offices Act 1809 | In force |
| Places of Religious Worship Act 1812 | Repealed |
| North American Fisheries Act 1819 | Repealed |
| Ecclesiastical Leases Act 1836 | In force |
| Metropolitan Police Courts Act 1839 | Repealed |
| Commissioners Clauses Act 1847 | In force |
| Summary Jurisdiction Act 1848 | Repealed |
| Hosiery Manufacture (Wages) Act 1874 | Repealed |
| Seal Fishery Act 1875 | Repealed |
| Justices Clerks Act 1877 | Repealed |
| Minicipal Corporations Act 1882 | Repealed |
| Representation of the People Act 1949 Representation of the People Act 1949 The Representation of the People Act 1949 was an Act of the Parliament of the United Kingdom. The Act consolidated previous electoral law, but also made some changes to administration.... |
Repealed |
Most of these have themselves been repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed. The Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
was also prohibited from bringing actions as a common informer (s.1(5)). The former penalties were not all abolished but were commuted to £100, later revised to level 3 of the standard scale
Standard scale
The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...
though the purpose of this provision was obscure as it was thought that not even the Crown could now bring such an action.
Subsequent developments
Qui tam claims saw a revival in the U.S. from 1986 in actions by "whistleblowerWhistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
s". In 2007 a consultative document from the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
raised the question of whether members of the public who informed on companies or individuals defrauding the government should be entitled to a reward.