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Common Informers Act 1951

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Common Informers Act 1951
Act of Parliament
Long titleAn Act to abolish the common informer procedure.
Citation14 & 15 Geo. 6. c. 39
Introduced bySir Lionel Heald, Private Member's Bill[1] (Commons)
Territorial extent 
  • England and Wales
  • Scotland
  • Northern Ireland
Dates
Royal assent22 June 1951
Commencement1 September 1951[2]
Other legislation
AmendsBank of England Act 1694
Status: Partially repealed
Text of statute as originally enacted
Text of the Common Informers Act 1951 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

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.

Background

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A common informer was a person who provided evidence in criminal trials, or who prosecuted for breaches of Irish penal laws, solely for the purpose of being rewarded with the penalty recovered, or a share of it.[3] 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.[1]

An action by a common informer was termed a "popular" or qui tam action.[3] 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.[3] The informer had to prove his case strictly and was given no assistance by the court, being denied discovery.[4][clarification needed]

Following the Revolution of 1688 in England, the Popery Act 1698 introduced a reward of £100 for the apprehension of any Roman Catholic priest.[5] 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.[5]

Jonathan Swift described common informers as "a detestable race of people", while Edward Coke called them "viperous vermin".[1]

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 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, with costs, but found for the individual directors on the grounds there was no evidence they were guilty on any particular Sunday. Costs were awarded to the directors against Orpen. The judge granted a stay pending an appeal by the company.[4] Later in the year Orpen brought a claim against another chain, but was thwarted[clarification needed] by a change in the law legalising Sunday opening for cinemas before her case could be decided.[6]

The Act

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Many statutes, such as the Simony Act 1588 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,[7] as of 2008 still in force, states:

Every person who shall act as a commissioner, being incapacitated or not duly qualified to act, or before he has made or subscribed such declaration as aforesaid, or after having become disqualified, shall for every such offence be liable to a penalty of fifty pounds; and such penalty may be recovered by any person, with full costs of suit, in any of the superior courts; and in every such action the person sued shall prove that at the time of so acting he was qualified, and had made and subscribed the declaration aforesaid, or he shall pay the said penalty and costs without any other evidence being required from the plaintiff than that such person had acted as a commissioner in the execution of this or the special Act; nevertheless all acts as a commissioner of any person incapacitated, or not duly qualified, or not having made or subscribed the declaration aforesaid, done previously to the recovery of the penalty, shall be as valid as if such person had been duly qualified.

The Common Informers Act 1951 removed the right to recover a penalty from 48 Acts, including:[1]

Statute Citation Status
Sale of Wares after Close of Fair Act 1331 5 Edw. 3. c. 5 Repealed
Quality and Marks of Silver Work Act 1423 2 Hen. 6. c. 17
Ecclesiastical Jurisdiction Act 1531 23 Hen. 8. c. 9 Repealed
Apprentices Act 1536 28 Hen. 8. c. 5 Repealed
Maintenance and Embracery Act 1540 32 Hen. 8. c. 9 Repealed[8]
Leases by Corporations Act 1541 33 Hen. 8. c. 27 Repealed
Simony Act 1588 31 Eliz. 1. c. 6 In force
Sale of Horses Act 1555 31 Eliz. 1. c. 12 Repealed
Court Leet Act 1603 1 Jas. 1. c. 5.
Act of Uniformity 1662 14 Cha. 2. c. 4 Repealed
Bank of England Act 1694 5 & 6 Will. & Mar. c. 20. In force
Standard of Silver Plate, etc. Act 1696 8 & 9 Will. 3. c. 8. Repealed
Plate Assay Act 1700 12 & 13 Will. 3. c. 4. Repealed
Plate (Offences) Act 1738 12 Geo. 2. c. 26 Repealed
Gold and Silver Thread Act 1741 15 Geo. 2. c. 20 Repealed 1 January 1975[9]
Universities (Wine Licences) Act 1743 17 Geo. 2. c. 40. Repealed by Licensing Act 2003
Linen (Trade Marks) Act 1744 18 Geo. 2. c. 24
Disorderly Houses Act 1751 25 Geo. 2. c. 36 Repealed
Fisheries (Scotland) Act 1756 29 Geo. 2. c. 23
Bank Notes (Scotland) Act 1765 5 Geo. 3. c. 49 Repealed by Statute Law (Repeals) Act 1993
White Herring Fisheries Act 1771 11 Geo. 3. c. 31 In force
Plate Assay (Sheffield and Birmingham) Act 1772 13 Geo. 3. c. 52 Repealed
Sunday Observance Act 1780 21 Geo. 3. c. 49 Repealed
Fires Prevention Act 1785 25 Geo. 3. c. 77
Gold and Silver Thread Act 1788 28 Geo. 3. c. 7
Land Tax Commissioners Act 1798 38 Geo. 3. c. 48
Gold Plate (Standard) Act 1798 38 Geo. 3. c. 69
Partridges Act 1799 39 Geo. 3. c. 34 Repealed
Sale of Offices Act 1809 49 Geo. 3. c. 126 Repealed by Statute Law (Repeals) Act 2013
Places of Religious Worship Act 1812 52 Geo. 3. c. 155 Repealed
Ecclesiastical Courts Act 1813 53 Geo. 3. c. 127 Repealed
Apothecaries Act 1815 55 Geo. 3. c. 194
North American Fisheries Act 1819 59 Geo. 3. c. 38 Repealed
Levy of Fines Act 1822 3 Geo. 4. c. 46
Juries Act 1825 6 Geo. 4. c. 50
Lighting and Watching Act 1833 3 & 4 Will. 4. c. 90
Ecclesiastical Leases Act 1836 6 & 7 Will. 4. c. 20 Repealed by the Statute Law (Repeals) Measure 2018
Metropolitan Police Courts Act 1839 2 & 3 Vict. c. 71 Repealed
Public Notaries Act 1843 6 & 7 Vict. c. 90 Repealed by Statute Law (Repeals) Act 1993
Commissioners Clauses Act 1847 10 & 11 Vict. c. 16 In force
Summary Jurisdiction Act 1848 11 & 12 Vict. c. 43 Repealed
Larceny Act 1861 24 & 25 Vict. c. 96
Hosiery Manufacture (Wages) Act 1874 37 & 38 Vict. c. 48 Repealed
Seal Fishery Act 1875 38 & 39 Vict. c. 18 Repealed
Justices Clerks Act 1877 40 & 41 Vict. c. 43 Repealed
Municipal Corporations Act 1882 45 & 46 Vict. c. 50 Repealed
Representation of the People Act 1949 12, 13 & 14 Geo. 6. c. 68 Repealed

Most of these have themselves been repealed.[10] 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,[11] though the purpose of this provision was obscure, for it was thought that not even the Crown could now bring such an action.[1]

Subsequent developments

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Qui tam claims were codified in the United States under the False Claims Act, under which Abraham Lincoln sought to penalise manufacturers who sold his Army shoddy goods.[12] It saw a revival in the U.S. from 1986 in actions by "whistleblowers". In May 2007 a consultative document[13] from the Home Office Ministry of John Reid raised the question of whether members of the public who informed on companies or individuals defrauding the government should be entitled to a reward.[14][15] It gained the attention of the House on 24 May 2007:[16]

The Parliamentary Under-Secretary of State for the Home Department (Mr. Vernon Coaker): Seizing criminal assets delivers a wide range of benefits, from depriving criminals of capital to reducing the incentives for crime and the harm caused by crime, as well as promoting fairness and confidence in the criminal justice system. In 2006-07 the total amount recouped by all agencies involved in asset recovery in England, Wales and Northern Ireland was £125 million. This is a five-fold increase over five years. We want to build on this success. The Government are therefore publishing today an Asset Recovery Action Plan. The Action Plan has two purposes. Firstly it sets out robust proposals on how we are to reach our challenging target of recovering £250 million of the proceeds of crime by 2009-10. The Plan goes on to outline, for consultation, policy proposals for taking things further, including some radical ideas to move towards the Government's long term vision of detecting up to £1 billion of criminal assets.

The consultation period will end on 23 November 2007. A copy of the Action Plan is being placed in the Library of the House.

Submissions were obtained from the Fraud Advisory Panel,[17] the Institute of Chartered Accountants, and the Local Authorities Coordinators of Regulatory Services,[18] amongst others.

References

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  1. ^ a b c d e Edwards (1951) p. 462
  2. ^ Section 3(3)
  3. ^ a b c Chisholm, Hugh, ed. (1911). "Informer" . Encyclopædia Britannica. Vol. 14 (11th ed.). Cambridge University Press. pp. 556–557.
  4. ^ a b Orpen v. Haymarket Capital Ltd & Others, The Times, July 18, 1931, p.3, col E
  5. ^ a b Burton, E. et al. (1913) "Penal laws, Catholic Encyclopedia
  6. ^ Orpen v. New Empire Ltd and Others, The Times, October 20, 1931, p.4, col C
  7. ^ 10 & 11 Vict. c. 16
  8. ^ Criminal Law Act 1967, s.13(2) Sch.4 Pt.1
  9. ^ Hallmarking Act 1973, s.23/ Sch.7
  10. ^ Schedule - Acts Providing for Common Informer Actions, as amended
  11. ^ Criminal Justice Act 1982, ss. 38, 46
  12. ^ C. Doyle, writing for the Congressional Research Service (2009): "Qui Tam: The False Claims Act and Related Federal Statutes"
  13. ^ Home Office, May 2007: "Asset Recovery Action Plan: A Consultation Document"
  14. ^ Walker (2007)
  15. ^ Home Office (2007)
  16. ^ Hansard, 24 May 2007
  17. ^ Fraud Advisory Panel response to ARAP 2007 Archived 2014-01-01 at the Wayback Machine
  18. ^ "LACORS response to the Home Office Asset Recovery Action Plan consultation" Archived 2014-01-01 at the Wayback Machine

Bibliography

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