As distinct branches of the legal system in the UK, the difference between civil and criminal law is critical to understand, depending on why you’re dealing with the law. In this helpful guide, we’ll explore the two systems, how they operate and their impact on legal proceedings.
Define criminal law
Criminal law in the UK focuses on protecting society as a whole — it covers actions that are deemed harmful to the public and punishes people that break the law. This law is established by Parliament and is enforced by the state rather than other individuals. Criminal law is more about punishment than compensation.
In criminal law cases, the burden of proof is higher than in civil law. The prosecution must prove beyond a reasonable doubt that the defendant is guilty before a decision is made. This decision falls at the feet of a jury in Crown Court and a magistrate in a Magistrates Court.
If you break criminal law, it would be the Crown Prosecution Service (CPS) that would be prosecuting you on behalf of the state. Your trial would then be held in either a Crown Court or a Magistrates Court. If you were found guilty, you could have the following penalties imposed on you:
- A prison sentence — a period of time spent in prison.
- A community order — this is unpaid work.
- A fine or fines — a financial penalty.
How severe the penalty is would depend on the seriousness of the crime, your criminal history and your age.
What are common criminal offences?
There are many different types of criminal offences, the most common of these include:
- Murder — The unlawful killing of another person with intent.
- Sexual assault — Non-consensual sexual contact or behaviour.
- Drug trafficking — The illegal trade or distribution of controlled substances.
- Money laundering — The process of concealing the origins of illegally obtained money.
- Theft — Unlawfully taking someone else’s belongings.
- Assault — Physically attacking another person.
- Criminal damage — Intentionally destroying the property of another person.
What is the jurisdiction for criminal law?
Depending on where you are in the country, the British criminal law system operates a little differently. In England and Wales, it operates the same — however, in Scotland and Northern Ireland, there are different rules, meaning they are separate jurisdictions.
You should also keep in mind that British citizens can still be prosecuted under UK law for crimes committed abroad.
Define civil law
Civil law in the UK focuses on disputes between individuals, companies or the state — when there is no criminal wrongdoing involved. It deals with private matters like personal injury claims, family issues and contractual disputes. Civil law is more about compensation than punishment.
In civil law cases, the burden of proof is lower than in criminal cases. The person claiming compensation must prove their case on the balance of probabilities — meaning it’s more likely than not that the defendant is responsible.
In civil cases, if you are found liable for causing harm or loss to another party, you would have to compensate for the damages, rather than be prosecuted and potentially serve prison time. This might be if you caused a car accident — the injured party could claim compensation for the following damages:
- General damages — for the pain and suffering from the injury.
- Special damages — for past and future financial losses, like medical expenses or loss of income.
Civil cases are usually settled through negotiation rather than in court. In fact, only 2% to 3% of personal injury claims actually end up being resolved in court. However, if they go to court, a judge will decide the outcome and award damages.
What are common civil offences?
There are many different types of civil offences, the most common of these include:
- Personal injury cases — These could be road traffic accidents, medical negligence or accident at work claims.
- Family disputes — This could be divorce, childcare arrangements or children’s issues.
- Contractual disputes — This could be where a contract isn’t honoured or money isn’t paid.
- Employment law — This might be unfair dismissal or discrimination.
What are the key differences between criminal and civil law?
Criminal law is about punishment for crimes that harm society and civil law is about redress — correcting wrongs with compensation.
There are, however, more key differences:
| Criminal law | Civil law |
| Aims to maintain order and deter future crimes. | Focuses on resolving disputes between individuals. |
| Penalties might include prison, fines, or community service. | Focuses on compensation. |
| Brought by the state. | Initiated by private parties. |
| Require a higher burden of proof — beyond a reasonable doubt. | Require proof on the balance of probabilities. |
| Decisions are given as guilty or not guilty. | Decisions are given as liable or not liable. |
| Only the defendant can appeal a decision. | Either party can appeal a decision. |
If your case falls under civil law, our team can help you. Contact Injury Lawyers 4U by calling 0333 400 4445 or filling in an Enquiry Form online. Our expert solicitors are ready to fight your case and will give you professional, personal advice to help secure compensation on a no-win no-fee basis.
