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Common informer

Common Informers Act 1951
Long title An Act to abolish the common informer procedure.
Citation 14 & 15 Geo. 6, c. 39
Introduced by Sir Lionel Heald, Private Member's Bill
Territorial extent England and Wales, Scotland, Northern Ireland
Dates
Royal assent 22 June 1951
Commencement 1 September 1951
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

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.

A common informer was a person who provided evidence 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. 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 "viperous vermin".


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