Criminal cases are taken on behalf of the state, and so there is a Crown Prosecution Service responsible for conducting most of these cases. However, there are other State agencies which may prosecute certain types of cases.
What is an example of a State agency which will prosecute certain types of offences?
Environmental Agency prosecutes pollution cases.
In a criminal case, what is the person starting the case referred to?
The prosecutor.
What is the purpose of civil law?
In civil cases, the person starting the case is the individual or business. The person starting the case is referred to as the claimant.
What courts are used in criminal law?
Criminal cases will be tried in either the Magistrate's Court or the Crown Court.
What is the role of the Magistrate's Court in criminal law?
The Magistrate's Court deals with less serious offences, and the case is tried by a panel of lay magistrates or by a single legally qualifiedDistrict judge.
What is the role of the Crown Court in criminal law?
The Crown Court deals with more serious offences, and the case is tried by a judge sitting with a jury. The judge decides the points of law and the jury decides on the verdict.
What courts are used in civil law?
In general, civil cases are heard in the County Court or the High Court.
What is the role of County Courts in civil law?
The County Court deals of lower value and a judge tries the case.
What is the role of the High Court in civil law?
The High Court deals with cases of higher value and are tried by a judge.
What is the standard of proof in criminal cases?
Criminal cases must be proved "beyond reasonable doubt".
Why is a high standard of proof necessary in criminal cases?
Because a conviction could result in the defendant serving a long prison sentence.
What is the standard of proof in civil cases?
Civil cases have to be proved "on the balance of probabilities".
Why do civil cases have a lower standard of proof?
The difference in the standard of proof means that it's possible for a defendant to be found liable in a civil case based on the same facts.
Who has the burden of proof in a criminal case?
The prosecution.
Who has the burden of proof in a civil case?
The claimant.
What are the possible outcomes of criminal cases?
The defendant is either found "guilty" or "not guilty" or, in other words, "convicted" or "acquitted".
What happens at the end of a criminal case if the defendant in found guilty?
They may be punished; the criminal courts have various penalties depending on the seriousness of the offence including prison sentences, community orders, or driving bans.
What are the possible outcomes of civil cases?
The defendants are found either "liable" or "not liable".
What happens at the end of a civil case if the defendant is found liable?
Anyone who is liable will be ordered to put the matter right as far as possible: this is usually done by damages or other court orders like injunctions or specific performance orders.