untitled

26 Chapter 1The legal system

Civil law and criminal law

The distinction between civil and criminal liability is fundamental to English law. The

courts themselves are divided into civil courts and criminal courts, and the two sets of

courts have quite different purposes. The civil courts are designed to compensate people

who have been injured by others. The criminal courts are designed to punish people who

have committed a crime.

Table 1.1 shows the essential differences between civil and criminal law.

Despite the differences shown in Table 1.1, it is quite possible that the same wrongful

act will give rise to both civil and criminal liability. For example, if a motorist injures a

pedestrian by dangerous driving then both a crime and a tort (a civil wrong) will have been

committed.

The State might prosecute the driver for the crime of dangerous driving, and if the driver

is found guilty he or she will be punished. The driver would probably be banned from

driving, and might also be fined or imprisoned. The injured pedestrian might sue the driver

in the civil courts for the tort of negligence. If the driver is found to have committed the tort

then he or she will have to pay damages to compensate for the pedestrian’s injuries.

The different functions of the civil and criminal courts can be further demonstrated if we

consider what would have happened if the driver’s behaviour had been much worse.

Let us now assume that the driver was very drunk, driving very badly, and that the

pedestrian was killed. Under the criminal law the driver would be charged with the more

Table 1.1 The differences between civil and criminal law

Purpose of

the case

The parties

The outcome

The consequences

The courts

The facts

The law

Burden and

standard of proof

Examples

Criminal

To punish a wrongdoer

The state prosecutes a defendant,

e.g. R vSmith

The defendant is either acquitted

or convicted

If convicted, the defendant will

be sentenced

The case will first be heard in the

magistrates’ court or the Crown Court

Decided by the magistrates or by a jury

Decided and applied by the judge or by

the magistrate, on the advice of the clerk

to the court

The prosecution must prove the

defendant’s guilt, beyond reasonable

doubt

Murder, theft, false trade descriptions,

misleading price indications

Civil

To compensate a person injured by

an unlawful act

An individual (the claimant) sues an

individual (the defendant) e.g.

SmithvJones

The claimant either wins the case or

does not

If the claimant wins he or she will be

awarded a remedy

The case will first be heard in either

the county court or the High Court

Decided by the judge

Decided and applied by the judge

The claimant must prove his or her

case on a balance of probabilities

Negligence, trespass, breach of

contract, disputes as to ownership of

property