Page 11 - Microsoft Word - 00 Prelims.docx

English legal system

Criminal law versus civil law

Criminal law Civil law

Criminal law relates to conduct of which Civil law is a form of private law and
the State disapproves and which it involves the relationships between
seeks to control. It is a form of public individual citizens.
law.

Purpose – the enforcement of particular Purpose – to settle disputes between
forms of behaviour by the State, which individuals and to provide remedies.
acts to ensure compliance.

In criminal law the case is brought by In civil law the case is brought by the
the State in the name of the Crown. A claimant, who is seeking a remedy. The
criminal case will be reported as Regina case will be referred to by the names of
v ..., where Regina means the Latin for the parties involved in the dispute, such
'queen'. as Brown v Smith.

Burden of proof – on the prosecution. Burden of proof – on the claimant.

Standard of proof – guilt must be Standard of proof – liability must be
shown beyond reasonable doubt (high shown on the balance of probabilities
standard of proof). (lower standard of proof).

Object – to regulate society by the Object – usually financial compensation
threat of punishment. to put the claimant in the position he
would have been in had the wrong not
occurred.

If found guilty the criminal court will The civil court will order the defendant to
sentence the accused and it may fine pay damages or it may order some other
him or impose a period of imprisonment. remedy, e.g. specific performance or
If innocent the accused will be acquitted injunction

7