Legal Definitions - bill of information

The term "bill of information" has two distinct meanings in legal contexts:

• 1. In modern criminal law:

  A "bill of information" (often simply referred to as an "information") is a formal document filed by a prosecutor that charges an individual with a crime. Unlike an indictment, which is a formal accusation issued by a grand jury, an information is filed directly by the prosecutor with the court. This method is used in jurisdictions where grand juries are not required for all felony charges or for misdemeanor cases, allowing criminal proceedings to commence based on the prosecutor's determination of sufficient evidence.

  • Example 1: After a police investigation into a series of burglaries, the district attorney's office in a state that permits this procedure decides there is enough evidence to charge a suspect. Rather than presenting the case to a grand jury, the prosecutor files a "bill of information" directly with the court, formally accusing the suspect of multiple felony counts. This document officially initiates the criminal case against the individual.
  • Example 2: A person is arrested for a misdemeanor offense, such as public intoxication. In a jurisdiction where misdemeanors do not require a grand jury indictment, the city prosecutor prepares and files a "bill of information" with the local municipal court. This document formally charges the individual with the offense, allowing the case to proceed to an arraignment and potential trial without grand jury involvement.
• 2. Historically (primarily in English law):

  Historically, a "bill of information" referred to a type of civil lawsuit initiated by the Crown (the government) or by entities under its special protection, such as charitable organizations. These suits were typically brought to enforce public rights, protect public interests, or ensure the proper administration of charitable trusts, often in courts of equity.

  • Example 1: Centuries ago in England, if a wealthy benefactor established a charitable trust to provide education for orphaned children, and the appointed trustees began misusing the funds for their personal benefit, the Crown's attorney general could initiate a "bill of information." This legal action would be filed in a court of equity to compel the trustees to properly administer the charity according to its original purpose, thereby protecting the public interest in the charity's proper functioning.
  • Example 2: Imagine a historical situation where a public common land, designated by royal decree for the grazing of livestock by local villagers, was being illegally enclosed by a powerful landowner. The Crown, through its legal representatives, could file a "bill of information" to assert the public's right to the common land and prevent the private encroachment, thus protecting a vital public resource.