Civil law and criminal law are two different things. Whether you want to understand which type of law your case falls under or you simply want to know more about how the law works in Britain, here we’ll look at the key differences between civil and criminal law.
What is criminal law?
Criminal law focuses on society as a whole. In the UK, criminal laws are put in place by Parliament to protect society and the people within it. If you breach a criminal law, you are viewed as negatively affecting all of society, rather than just one person.
Take the example of the violent offence of grievous bodily harm (GBH). Whilst this involves one person causing injury to another, the case against them will be brought by the state rather than the individual.
Criminal law outlines what Acts of Parliament deem to be acceptable and unacceptable conduct in the UK.
Breaking criminal law
As mentioned above, if someone breaks a criminal law, they will face criminal prosecution. This involves criminal proceedings being prosecuted by the Crown Prosecution Service (CPS) on behalf of the state. The case will be tried in either the Crown Court or Magistrates’ Court.
When a person is convicted for breaking a criminal law, there are a range of penalties that can be handed down, including:
- Prison sentence
- Community order
- Fine
The sentence imposed, including the length and type of sentence, depends on how serious the crime was, that person’s criminal record, how they plead in the case and their age. Often community orders involve completing unpaid work. This could be cleaning the streets, removing graffiti or working with young people. The court will also decide on the level of a fine.
Burden of proof
Depending on the court, a guilty verdict will be handed down by either magistrates or a jury. For a guilty verdict, it must be proven “beyond a reasonable doubt” that the person committed the offence.
Criminal offences
Examples of criminal offences include:
- Theft
- Assault
- Murder
- Drug trafficking
- Theft and burglary
- Money laundering
- Affray
- Criminal damage
- Sexual assault
Jurisdiction
The British criminal law system operates in England and Wales. This is entirely separate from those that exist in Scotland and Northern Ireland. This means that Scotland and Northern Ireland should be considered separate jurisdictions.
In cross-border cases between England and Wales and either Scotland or Northern Ireland, prosecutors also need to consider the laws of these separate jurisdictions.There are also some offences that can be committed by a British citizen abroad, but still prosecuted under British law in England and Wales.
What is civil law?
Civil law focuses on a system of laws, set down by rules and regulations, that deals with private relations between members of society. It deals with the rights and property of individuals or organisations, which aren’t necessarily protected by criminal laws. It includes matters against individuals, companies and even the state.
Breaking civil law
Civil cases usually involve compensation and won’t see anyone punished with a prison sentence.
Let’s take the example of a road traffic accident. If one driver was at fault – the defendant – and caused injury to another – the claimant – the second could bring a personal injury compensation claim. Here the defendant would need to pay damages to the claimant along the following lines:
General damages – for the pain and suffering from the injury
Special damages – for past and future financial losses, such as medical expenses or loss of income
There is no prison sentence involved. Civil cases can be handled in the courtroom, with a judge making the final decision on the level of damages awarded. In many cases it doesn’t go this far, with the case handled outside the courtroom. An example of this is through a third-party mediator.
Burden of proof
The burden of proof for civil cases is “on the balance of probabilities”. This is a lower burden of proof than “beyond a reasonable doubt” in criminal law.
Civil offences
Examples of civil offences include:
Personal injury cases – road traffic accidents, medical negligence, accident at work claims
Family disputes – divorce, childcare arrangements, children’s issues
Contractual disputes – where a contract isn’t honoured or money isn’t paid
Employment law – unfair dismissal, discrimination
Key differences between criminal and civil law
A quote from William Geldart in an Introduction to English Law perfectly sums up the difference between civil and criminal law:
“The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue – redress or punishment.”
Let’s break it down:
- Redress = Righting a wrong and correcting something
- Punishment = Imposing a penalty as retribution for an offence
With civil law, it’s focussed on redress. The compensation paid out for a road traffic accident for example, is to compensate someone for the injuries they have suffered and to put them back in a position as if the accident had never happened.
Criminal law, on the other hand, focusses on punishing an individual for a crime they have committed against the state.
Other key differences include:
- Criminal law punishments are designed to act as a deterrent for the rest of society
- Criminal law has the ultimate aim of maintaining state and society, and keeping it stable
- Civil law deals with disputes between individuals or organisations
- In most cases, civil law involves compensation and financial agreements
- Criminal cases involve prison sentences, fines or community service
- Criminal cases are usually filed by the government, whilst civil cases are filed by private parties
- Civil decisions are “liable” or “not liable”, whilst criminal decisions are “guilty” or “not guilty”
- Either party can appeal a civil case, whilst only the defendant can appeal a criminal case
- Criminal cases require a higher burden of proof – “beyond a reasonable doubt” as opposed to “on the balance of probabilities” in civil cases
If your case falls under civil law, and involves a personal injury claim, get in touch with us at Express Solicitors and our team of experts may be able to help you get the compensation you deserve.