In terms of purpose and legal procedure, what is the difference between civil law and criminal law?

There are many differences between civil law and criminal law, I my essay I will explore this especially in terms of purpose and procedure and the various mechanisms they use within the English legal system to bring cases to the courts. The main difference is that criminal law is their to deter & punish individuals and civil law is there to settle disputes between individuals

The main purpose of criminal law is to deter an individual/party from committing a crime, by doing this it is protecting the community and punishing the offender. In contrast civil law is there to compensate the person who has suffered a loss, finding who is liable for the civil wrong does this. By achieving these purposes in criminal law it attempts to make regulate behaviour of the whole community and in civil law it attempts to regulate relationships between individuals.

In civil law any individual can bring a case via the criminal prosecution service but in civil law only the person/persons who have been wronged may sue. When a criminal case is bought to court it is citied (R v Kauser 1981) as the case is bought in the name of crown, ‘r’ meaning Rex or Regina depending on which gender is on the crown at that time. In civil law as the actions are bought by individuals it is citied (Rome v Bolton 1931) with the claimants name first then the defendants.

In a criminal case the prosecution bring the case to court, and they intend to prosecute the defendant who is either found guilty or not guilty of committing the crime/crimes. In civil law the claimant who has bought the action will want to sue the defendant for the loss he/she has suffered, finding the defendant either liable or no liable.

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The burden of proof that has to be established in criminal cases is ‘beyond all reasonable doubt’ before a decision is reached. In civil law the burden proof is ‘on the balance of probabilities’. So it easier to prove something on the laws on probability than it is to prove something beyond a persons doubt.

A case can have a bearing in civil and criminal laws for example if a drunk driver hit a pedestrian he would be guilty of drink driving but also the pedestrian may decide to sue the driver for the suffering they have suffered. Also as the burden of proof is less in the civil law a person may be found not guilty in the criminal courts but in the civil case they maybe found not liable. A famous example of this is an American film star/footballer who was found not guilty in the criminal courts for the murder of his wife but his wife’s family did successfully sue him for the loss.

In a criminal situation, stigma is attached to the guilty party but this is not the case in civil law. After a case has been bought to the court, in civil law as the case is between two individuals they may cease the matter and settle the case out of the courts. This is true for about 40% of the cases, bought to the attentions of the courts. In a criminal situation as these cases are bought in the interest of public justice, an individual can not discontinue a case.

The courts that will hear a case depend on at type of case it is. If the case is civil case the court of first instance is either the County court or the High court. In a criminal case the court of first instance is the magistrate court where 95% of cases are decided.

The majority of civil disputes are settled out of courts, displaying an insight of how the civil procedure is. It is time consuming due to the traditional procedure which is still adhered to, not to mention all the grief and bother the parties have to go through.

Firstly, the claimant will discuss his dispute with a solicitor who will assess the case and decide if the case is feasible and merit able to continue with. This is also the way a criminal case is bought forward but the CPS, will assess the case i.e. check if they have enough evidence to take the matter to the court. Then depending on the parties’ financial situation and the case’s merit, the Legal Aid Board will grant legal aid to help bring the case or the dispute to the courts, each case is viewed individually by the LAB and each parties financial status is examined.

In the civil procedure there are two routes that can be taken the informal route and the formal route. The informal route is where both parties’ lawyers meet and negotiate the case, at this point it is common for the parties to have reached a conclusion to the matter and settle the case. The formal route is where parties solicitors contact each others lawyers, who set out the basis of the claim, then depending on which court a writ (high ct) or a summons (county ct) is issued, then the dispute is taken to the court and is settled at the courts, this route is long and expensive than the informal route, this has led to the rise of alternative dispute resolution’s like arbitration and tribunals etc

In a criminal case depending on what type of offence the defendant has committed it will determine the procedure. A summary offence (minor offence) will be heard at the magistrate court. Indictable (serious) offences are also heard at the magistrate court; in fact all cases are first heard at magistrate court.

At the magistrate court the adjudicator (depending on the location) hears’s the case and decides the punishment. The maximum jurisdiction for magistrate court is £5000 fine and 2 * 6 months imprisonment; if a magistrate decides that the offence is too severe and its jurisdiction will not be enough for the defendant it may decide the case to be heard at the Crown court whom jurisdiction is higher. Some offences are hybrid offences, meaning the defendant has the choice of where they would like their case to be heard.

In the County court similar procedure takes place and the jury listen to the case and decide the outcome.