The English Legal system falls into two categories which are divided into Criminal Law and Civil Law.

Law Making Assignment 1

The English Legal system- Civil and Criminal Law

The English Legal system falls into two categories which are divided into Criminal Law and Civil Law. Criminal law is an area of law which deals with the crimes that individuals commit. Consequently, there is punishment for those who break laws and offend against the society. Civil law forms rights between individuals and co-operations and provides remedies to resolve disputes.

Differences between Civil and Criminal law include the purpose of the laws, the terminology used within the type of law, the court in which it is heard, the court structure, people who bring the cases to court and also the burden/ standards of proof which are needed for the type of cases.

The purpose of Civil law primarily concentrates on the altercations about the duties and the rights of individuals or companies, solving them by providing remedies. It does not relate to punishments. Civil law also creates rules between individuals or co-operations, if duties are dishonoured; it is recognised as torts which are offences. Within Civil law, there is the claimant and the defendant, and no prosecution.

Criminal law however, has been put in practise to help protect society and guide humans actions and behaviour. This type of law also provides punishment to those to commit a crime against a person or property.

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Criminal cases are held within The Magistrates court and Crown court. The Magistrates court is the first court in which the case will be heard in (Summary, Indictable or Triable Either Way offence). Magistrates are made up of members of the public and are not legally trained and a bench (three magistrates sitting), these type of cases are dealt by District Judges. Punishment for convicted offenders in a Magistrates Court varies. The sentences include imprisonment and community service orders. If the bench feels that a greater sentence is should be given, then the offender is sent to the Crown Court for sentencing.

After the magistrates court there is the Crown court. The crown court deals with the indictable offences. This court also sentences convicted offenders from the Magistrates court, which were sent to the crown court and hears appeals from the Magistrates court which are dealt with by a judge and jury (for trials). The punishment which is either imprisonment or fines is much more severe in this court than in the Magistrates court hence, it deals with more serious (indictable) offences.

Following the Crown court is the Court of Appeal (criminal division). This court deals with the sentencing and conviction appeals from the magistrates and crown court. The next part within the structure is the- Divisional Court of Queens Bench. This court deals with points of law. An individual can from the Magistrates. The last court in the Criminal Courts structure is the House of Lords. Here the law lords will sit and hear cases on points of law. Prosecutions are brought in the queens name and the cases are reported in the form as ‘Regina v___’ Regina is Latin for ‘queen’ and case references are usually abbreviated to ‘R v___’ However, in civil law the civil cases are mentioned to the names of the parties whom are involved in the disagreement, For example, Partridge v Crittenden.

Individuals who are 18 years or under and have committed criminal offence, have cases dealt in the Youth court. It is combined with the Magistrates court where the magistrates hear the case. The youth court sends the individual for trial at the Crown court if they are charged with a serious offence. Crimes are brought to the court by arrest and charge by police or prosecution by CPS- Crown prosecution service. On the other hand, in Civil law the procedure is mainly the decision of the claimant to take on an action.

Civil cases start with the County Court. Combined with the County Court is the Small Claims Court. Minor disagreements are heard in these courts and for cases where the claim is for £15,000 or less. The high court deals and reviews the individuals or a company’s actions to assess whether they have acted legally or not. The result of the case which is dealt, is usually compensation for loss or harm that is caused.

In a criminal case the prosecution is required to prove that the defendant is ‘guilty beyond reasonable doubt’, the burden of proof is always on the state. The state must prove that the defendant is guilty, whereas, the burden of proof in civil cases is quite different from the burden of proof within criminal cases. In civil law the burden of proof is specified as “on the balance of probability”. Looking at criminal law this proof is dramatically lower. The terminology used within the two types of laws, are very different.

In conclusion, Civil and Criminal Law are both quite different however; they do have a relationship between them. Individuals are involved in civil law more than in criminal law. It is very occasional for someone to meet with a criminal offence but numbers are rising each year.

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