Many of us will deal with either criminal law or civil law at some point in our lives – so it’s important that you gain an understanding of what exactly civil law and criminal law are.
If you want to learn more about civil and criminal law, we have you covered. Read on to learn more about these two areas of law, and what the differences are between civil and criminal law.
What is Civil Law?
Civil law typically involves disputes between individuals and organisations. Typically, the result of a civil law case involves compensation or even an apology. In some cases, you may be required to forfeit certain right too in order to put right a wrongdoing.
This type of case is filed by private parties as opposed to the government. Sometimes, civil cases can be settled outside the courtroom – many people use a third-party mediator to settle civil disputes.
Despite the fact that civil law cases won’t result in imprisonment, they can impact your life and your family too, whether it be your home or finances.
In order to prove a civil case, you must prove it on the balance of probabilities. In comparison to criminal law, this is a much lower standard of proof.
Some examples of civil cases may include a breach of contract, personal injury, unfair dismissal, discrimination at work, or family law (such as child arrangements or divorce proceedings).
What is Criminal Law?
Criminal laws are put in place to protect society in general from crime, whether it be financial loss, injury or death. If you break criminal law, you may be prosecuted. This may take place in a criminal proceeding, whether it be in the Magistrates Court or the Crown Court.
Criminal law cases are covered by the Crown Prosecution Service on behalf of the state. Breaking a criminal law can result in you being imprisoned, fined, or given a community order.
The length and nature of your sentence typically depend on the severity of the crime. Other factors such as your plea, previous criminal record and your age can also influence the judge’s decision.
In order to prove guilt during a criminal trial, the standard of proof must be beyond a reasonable doubt.
In the UK, there is a long list of criminal laws that cover areas such as finance, physical harm, property damage and much more. Some examples of criminal offences include:
- Sexual offences such as rape
- Murder
- Manslaughter
- Fraud
- Criminal damage
- Money laundering
- Grievous bodily harm
- Actual bodily harm
- Affray
- Theft and burglary
The Key Differences Between Civil and Criminal Law
Now that you have a brief understanding of what criminal and civil law involves, let’s explore the differences between the two.
First of all, the results of civil and criminal trials are very different. For example, criminal law trials can result in you being sent to prison, but civil law cases will not.
The criminal law system was designed with deterrence, rehabilitation and retribution in mind. This means that offenders are punished and rehabilitated, which sends out a message to the community, encouraging them to avoid committing a criminal offence.
Civil law, however, simply aims to correct situations deemed unfair. Typically, the result of civil law cases is compensation to the victim.
Another key difference between civil and criminal law is the verdict process. Criminal cases result in either a guilty or not-guilty verdict (with some grey areas). A guilty verdict results in rehabilitation penalties, fines, community orders, or imprisonment.
However, from a law-based official website, civil cases result in either a person being found liable, not liable, or partly liable. Both civil and criminal law promote justice – but the manner of achieving justice differs.
Another thing that differs between the two types of law is the appeal process. The defendant can appeal during criminal cases. However, in civil cases, both parties can appeal the decision.
Regardless of whether it be criminal law or civil law, you will be able to liaise with a criminal law solicitor or civil law solicitor to get advice on your options going forward.
