Criminal & civil law

• There are two types of law protecting citizens from offences:

  • Criminal law: Protects society and maintains public order.
  • Civil law: Protects individual rights in disputes between people or organisations.
• Criminal Law

  Purpose: To protect the public from harm through punishment of crimes against people or property.

  Examples of crimes against a person:

  • Assault
  • Manslaughter
  • Murder
  • Rape
  • Robbery

  Examples of crimes against property:

  • Fraud
  • Forcible entry
  • Arson
  • Vandalism
• Civil Law

  Purpose: To settle disputes over rights between people or groups, including companies.

  Types of civil disputes include:

  • Work-related disputes
  • Disputes from accidents
  • Ownership of property
  • Debts (e.g. owing money)
  • Copyright and contractual disagreements
  • Consumer complaints about goods and services
  • Family issues (e.g. divorce, child custody)
  • Personal injury claims
• Differences in Process Between Criminal and Civil Law

  ▪ Where cases are heard:

  • Criminal: Magistrates’ Court or Crown Court, depending on the seriousness.
  • Civil: County Court, High Court, Family Court or Tribunal depending on case type.

  ▪ Who brings the case:

  • Criminal: The Crown Prosecution Service on behalf of the state/community.
  • Civil: An individual or business affected by the issue.

  ▪ Burden of proof:

  • Criminal: On the prosecution to prove guilt.
  • Civil: On the claimant to prove their case.

  ▪ Standard of proof:

  • Criminal: Beyond reasonable doubt.
  • Civil: The court must be more than 50% sure the defendant is liable.

  ▪ Penalties:

  • Criminal: Can include prison (custodial), fines, or community service.
  • Civil: Non-custodial – usually compensation. Losers may also pay both sides’ legal costs.