Legal guides
Understanding the difference between civil and criminal law
In the UK, the legal system includes both criminal and civil law, and it can be difficult to know when and how each can be applied. In this article, we explore how criminal and civil law work and the key differences between them.
When you think about law, the first thing you likely think about is the police apprehending an individual who has committed an offence. This individual would then be tried in a court before a judge and jury and potentially receive a prison sentence as punishment. This, however, is just a small part of the UK’s legal system.
While criminal law enables the state to deter and punish crime, the UK also has civil laws, which allow individual or business to seek financial compensation or damages in a variety of different circumstances.
In this article, we take a look at what is meant by criminal or civil law and the key differences between them.
What is criminal law?
In the UK, criminal law is the term used to refer to the body of law imposed by Parliament that defines a criminal offence and how these offences should be dealt with. This includes how the police should apprehend and charge suspected criminals, how a court trial should be conducted, and the sentences or punishments a judge can hand out for different offences.
The focus of criminal law is defining what constitutes a harmful act to society and how individuals guilty of these acts should be punished or rehabilitated. Examples of criminal offences vary hugely, though some of the most well-known include:
- Theft or burglary
- Driving offences, such as driving without a licence or insurance, dangerous driving, or driving under the influence of alcohol or drugs
- Assault, including grievous bodily harm and actual bodily harm
- Money laundering and fraud
- Supply and/or possession of illegal drugs, including intent to supply
- Sexual offences, including harassment and rape
- Manslaughter and murder
What is civil law?
Civil law, meanwhile, concerns the rights and property of individuals, businesses or organisations and focuses on settling disputes, often through financial compensation or damages. You can’t be imprisoned if you’re found liable in a civil court, but you can be made to pay damages and fines.
Examples of civil law cases include:
- Family disputes such as divorce, dissolution of civil partnerships, children’s issues and child arrangements
- Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips and falls
- Breach of contract or promise, such as cases where money owed is unpaid or a contract hasn’t been honoured
- Employment law, for example where an employee suffers discrimination or unfair dismissal in the workplace
In many civil cases, a duty of care must be established in order to determine if the accused person, business or organisation (known as the defendant) is liable for any damage, financial loss or suffering caused. For example, an employer has a duty of care to provide a safe working environment for their employees, while a doctor has a duty of care to their patients.
Other civil cases, including many family issues, focus on settling disputes through mediation or negotiation, often involving drawing up a legally binding document to solidify any agreements reached.
Understanding the difference between civil and criminal law
The core difference between civil and criminal law is their purpose; criminal law seeks to punish individuals for an offence, while civil law aims to settle disputes through negotiation and compensation.
Other key differences include:
- Criminal law is used to maintain the stability and protection of the state and society
- Civil cases are filed by private parties to settle disputes between two or more private parties
- Criminal cases are usually filed by the state (i.e. the Crown Prosecution Service)
- Judges on a criminal case will make a ruling of guilty or not guilty and, where the verdict is guilty, can impose prison sentences, community service or fines
- Judges in a civil case look to establish if the defendant is liable
- A civil case can be resolved before it reaches court (and are, in fact, strongly encouraged to do so) if the parties involve agree on a settlement.
- Either party can appeal a ruling in a civil case. Only a defendant can appeal the court’s decision in a criminal case
- A criminal case has a higher burden of proof than a civil case. To be prosecuted in a criminal case, it must be proved beyond reasonable doubt that the defendant is guilty. In a civil case, it must only be proved that the defendant is liable on the balance of probability
Can a person face both criminal and civil action for a crime?
Yes, a person can face both criminal and civil action for breaking certain laws, and this happens more often than you may think.
The Crown Prosecution Service will prosecute a person in a criminal case; at the same time, a wronged person, such as the victim of an assault, may choose to bring a civil action against the defendant too.
It’s possible for the person to be acquitted in the criminal court, where the burden of proof is greater, but still lose the civil case and be ordered to pay damages or compensation to the injured party.
How can Slater and Gordon help?
Taking civil legal action can be daunting, and it can be tough to know where best to start. Whether you’re looking for a personal injury solicitor or need support with a medical negligence claim, Slater and Gordon can help. As one of the largest consumer law firms in the UK, we’re able to offer an end-to-end service for all your legal needs.
We’re highly ranked in prestigious, independent legal guides Chambers and Partners and the Legal 500, and are accredited by the Law Society of Scotland. Our solicitors have supported hundreds of clients right across Scotland in a variety of cases, and we work closely with many charities throughout the country who offer a full range of practical advice and support.
Call us on 0330 041 5869 or contact us online and we’ll be happy to help you.