What is Criminal Law?

Criminal law relates to the offences that negatively affect society as a whole,
rather than just one person. Criminal laws are put in place by Parliament to
prevent breaches of conduct which they deem as harmful towards the whole of
society.
If a person breaches criminal law, then they will face criminal prosecution by the
state. Criminal proceedings are brought by the Crown Prosecution Service and will
be heard in Magistrates’ Court or the Crown Court. If you are then convicted, you
may receive a prison sentence or a community order.
The standard of proof for criminal law cases is “beyond a reasonable doubt” or
“certain so you can be sure.” These both mean the same thing.
Examples of criminal offences include:
 Murder
 Manslaughter
 Fraud
 Assault
 Sexual Offences
 Burglary
What is Civil Law?
Civil law is more concerned with cases between individual people where one person
commits an offence which is harmful towards another person, their rights or their
property. Civil law also settles disputes between individuals and organisations.
If you are convicted of a civil offence, you are not likely to be sent to prison,
but most often will become liable for compensation.
The standard of proof for civil law cases is “the balance of probabilities.”
However, certain civil offences such as disciplinary proceedings for solicitor
misconduct can use the higher standard of “beyond reasonable doubt.”
Examples of civil offences include:
 Personal injury
 Breaches of contract
 Employment tribunals
 Negligence
What Are the Differences?
The most noticeable difference between the two systems is what the aim of the cases
seems to be. In Civil law, the aim is to put the person who has suffered harm back
in the position they were in before the harm occurred – in other words, the aim is
to set right an unfair situation.
On the other hand, Criminal Law has the aim of punishing the offender in a way that
is designed to prevent them from carrying out the offence again. Moreover, the
existence of laws preventing crime has a more general aim of creating a stable and
law-abiding society.
Another difference as highlighted above is that civil cases are brought by
individuals or a single organisation whereas criminal cases are brought by the
government through the CPS.
Moreover, there is a difference with regard to appealing these cases if you
disagree with the verdict. Both parties can appeal in a civil case whereas only the
defendant can bring an appeal in a criminal case.