Information in United Kingdom

Meaning of Information

The following is an old definition of Information [1]: Knowledge imparted or obtained. See Belief; Communication. In a statute intended to prevent physicians from disclosing “information” acquired from patients, comprehends knowledge acquired in any way while attending a patient, whether by the physician’s own insight, or by verbal statement from the patient, from members of his household, or from nurses or strangers, given to aid the physician in the performance of his duty. Knowledge, however communicated, is information. An answer to a decoy letter written in a fictitious name, giving ” information ” of an article reputed to prevent conception, was held not to be within the meaning of a statute prohibiting the mailing of obscene matter. 2. A complaint preferred on behalf of the government in a civil cause. Bill of information. A bill in equity filed by the attorney-general, or other proper officer, in behalf of the state or of those whose rights are the objects of its protection. One method of redressing such injuries as the crown may receive from the subject is by an information filed in the excliequer by the king’s attorney- general. This is a suit for recovering money or other chattel, or for obtaining satisfaction in damages for any personal wrong committed in the lands or other possessions of the crown. It differs from an information filed in the court of king’s bench, in that this is instituted to redress a private wrong by which the property of the crown is affected; that is, is calculated to punish some public wrong, or heinous misdemeanor. It is grounded on no writ under seal, but merely on the intimation of the king’s officer, who ” gives the court to understand and be informed of ” the matter in question; upon which the party is put to answer, and trial is had, as in suits between subject and subject. The most usual informations are those of intrusion or trespass committed on the lands of the crown; and debt upon any contract for moneys due to the king, or for forfeiture upon breach of a penal statute. There is also an information in rem, when any goods are supposed to become the property of the crown, and no man appears to claim them. In the United States, the more familiar informations are informations in the nature of a quo warranto, proceedings against persons alleged to be usurping a franchise or oflice; and qui tarn informations – actions upon penal statutes, part of the penalty being for the use of the plaintiff; and proceedings to recover forfeitures imder the revenue laws. See further Qui Tam; Warrantum; Revenue. 3. A complaint lodged with a magistrate clothed with power to commit to prison, that a person named is guilty of a criminal of- fense. The purpose is to effect a summary conviction of the accused, or a holding to bail for indictment and trial. In the latter case, a paper, called the ” infor- mation,” containing the details of the complamt, the names of the witnesses, the hearing or hearings had, the judgment, items of costs, etc., is transmitted to the grand jury for use in finding their biU of indictment, and perhaps accompanies the indictment into court before the trial jury. 4. A criminal proceeding at the suit of the king, without a previous indictment or presentment by a grand jury. An “indictment” is an accusation found by the oath of a grand jury; an ” information ” is the allegation of a law-officer. An information was filed in the king’s bench at the mere discretion of the proper law-officer of the government, and ex officio. It is sometimes called a ” criminal ” information. Prosecution by criminal information as at common law having been used for oppression, the statute of 4 and 5 William & Mary (1693), c. 18, was passed, requiring express leave of court to institute the proceeding. Under the laws of the United States, informations are resorted to in cases of illegal exportation of goods, of smuggling, and for offenses, not infamous, against the elective franchise. See further Infamy. Informer. He who prefers a charge against another person by way of an information in a court exercising penal or criminal jurisdiction. Common informer. A person who sues for forfeitures created by penal statutes. Whether the information he gives applies to customs, internal revenue, criminal matters, or forfeitures for any reason, an informer is one who gives the information which leads directly to the seizure and condemnation, regardless of the questions of evidence furnished, or interest taken in the prosecution. See Action, 2, Popular; Qui Tam; Moiety; Pardon.

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Notes and References

1. Concept of Information provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)