Information (formal criminal charge)
Encyclopedia
Information is a formal criminal charge
made without a grand jury
indictment
by a prosecutor
in a document called an information.
The term is used in Canada
and various other common law
jurisdictions, including a number of U.S. state
s.
The information is one of the oldest common law pleading
s (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Section 576(2) of the Criminal Code
provides that no criminal information shall be laid or granted.
Other
See sections 504 to 507 and 788 and 789 and Form 2 of the Criminal Code
.
brought at the suit of the Crown
without a previous indictment.
Criminal informations other than those filed ex officio by the Attorney-General were abolished by section 12 of the Administration of Justice (Miscellaneous Provisions) Act 1938. Any power to bring proceedings for an offence by criminal information in the High Court was abolished by section 6(6) of the Criminal Law Act 1967
.
The last occasion on which there was an ex officio information by a law officer was in 1911.
era made it difficult to select and convene petit juries to hold trials. In that era, convening even larger grand juries just to indict criminals was seen as an extravagance.
In western U.S. states, district attorneys are authorized by statute to charge criminal suspects by filing informations. The defendant is then entitled to challenge the information at a preliminary hearing, during which the prosecution must establish to the judge's satisfaction that probable cause
exists to bind over the defendant until trial.
The grand jury is still available in the states where informations are used, but it is usually used only for issuing indictments for certain types of crimes.
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
made without a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
by a prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
in a document called an information.
The term is used in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and various other common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions, including a number of U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s.
The information is one of the oldest common law pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
s (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Canada
Criminal informationSection 576(2) of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
provides that no criminal information shall be laid or granted.
Other
See sections 504 to 507 and 788 and 789 and Form 2 of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
.
England and Wales
A criminal information was a proceeding in the Queen's Bench Division of the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
brought at the suit of 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...
without a previous indictment.
Criminal informations other than those filed ex officio by the Attorney-General were abolished by section 12 of the Administration of Justice (Miscellaneous Provisions) Act 1938. Any power to bring proceedings for an offence by criminal information in the High Court was abolished by section 6(6) of the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
The last occasion on which there was an ex officio information by a law officer was in 1911.
Northern Ireland
Any power to bring proceedings for an offence by criminal information in the High Court was abolished by section 6(6) of the Criminal Law Act (Northern Ireland) 1967.United States
The information is the dominant charging document in the western U.S. states, where extremely dispersed population distribution during the American Old WestAmerican Old West
The American Old West, or the Wild West, comprises the history, geography, people, lore, and cultural expression of life in the Western United States, most often referring to the latter half of the 19th century, between the American Civil War and the end of the century...
era made it difficult to select and convene petit juries to hold trials. In that era, convening even larger grand juries just to indict criminals was seen as an extravagance.
In western U.S. states, district attorneys are authorized by statute to charge criminal suspects by filing informations. The defendant is then entitled to challenge the information at a preliminary hearing, during which the prosecution must establish to the judge's satisfaction that probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
exists to bind over the defendant until trial.
The grand jury is still available in the states where informations are used, but it is usually used only for issuing indictments for certain types of crimes.
See also
- U.S. Federal Rules of Criminal ProcedureFederal Rules of Criminal ProcedureThe Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
Rule 7 and Rule 9. - Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...