In my last blog post, we looked at some of the differences between criminal and civil law. In this blog post, we will be continuing this discussion, with the focus now on the different aims of the two types, as well as the courts that deal with them. In addition, we will consider what punishments and remedies the court can issue.
It is important to know the difference between the two types of law to help with your overall understanding of the subject. You also need to be confident using the correct terminology in your writing and applying the principles, without confusing the two. We will start by quickly reviewing the key differences between criminal and civil law.
Criminal law deals with relationships between the state and individuals. Criminal cases have R v in their title, with “R” being short for Regina, the Queen, or Rex, the King. Criminal law concerns people who have broken the law in a way that affects society.
Civil law covers disputes between individuals or groups of individuals. Case names in civil law have the name of the person bringing the case (the claimant) first, then the name of the person the case is against (the defendant).
What are the Different Aims?
As you may be able to tell from the key differences above, criminal and civil laws have different aims. Criminal law is generally concerned with punishing those who break the law with a prison term or community service, for example. Alternatively, there may be a penalty, such as a fine. The aim of this is to deter people from re-offending and to discourage others from offending in the first place. Criminal law seeks to maintain society and keep it stable.
On the other hand, civil law aims to redress the balance between individuals with damages and enforce people’s rights with injunctions. It should not be punishing the individual found to be at fault, just trying to (as much as is possible) return things to the way they were, or would have been, had the transgression not occurred. The repercussions of a civil case are not as severe either – a person found liable in a civil case will not have a criminal record.
What are the Criminal Courts?
There are three levels of criminal court in the UK – the magistrates’ court, the Crown Court and the youth court. Together, these make up the criminal court system. We will briefly consider each of these courts in turn, as well as what sort of cases they hear, starting with the magistrates’ court.
The magistrates’ court is where all criminal cases start. Cases may be heard by two or three magistrates or a district judge. There are no juries in magistrates’ courts. Although all cases start in the magistrates’ court, some may progress to others. This is decided based on the seriousness of the offence.
Criminal cases are classified as either summary, triable either way or indictable. Summary offences are the least serious and are things such as speeding offences and minor criminal damage. These are heard in the magistrate’s court. Indictable cases are the most serious and are offences such as murder and rape. These are passed on to the Crown Court. Triable either way offences fall somewhere between these two and can be tried in either court, depending on the exact circumstances.
As stated above, the Crown Court hears indictable offences and some triable either way ones. A Crown Court has a judge and will usually have a jury. The Crown Court also deals with appeals from the magistrate’s court.
The youth court hears cases where the defendant is aged between 10 and 17. It is a special type of magistrates’ court, with either three magistrates or a district judge, but no jury. Youth courts are less formal than magistrates’ courts and are not open to members of the public.
What are the Civil Courts?
There are two types of civil court – the County Court and the High Court. County courts will usually have at least one circuit judge and one district judge. The less serious and simpler civil cases are dealt with here, such as landlord and tenant disputes over rent payment.
The High Court is for more serious and complicated offences and is divided into three different sections. The Family Division deals with family issues such as custody of children and divorce, usually in cases where it is contested. The Chancery Division covers areas such as wills and mortgages. Finally, the Queen’s Bench Division is concerned with complex and high-value claims such as breach of contract and bankruptcy.
Courts of Appeal
Appeals from both civil and criminal cases proceed to the Court of Appeal, where cases are heard by judges. After this, an appeal can be made to the highest court in the hierarchy, the Supreme Court.
Punishments and Remedies
As mentioned above, a major difference between criminal and civil law is the purpose of remedies. In criminal law, the aim is to punish offenders and deter others from offending, whereas the aim of remedies in civil law is to put the parties back in the position they would have been before the events being disputed.
A criminal offender may be given a prison sentence, fined, or required to do community service. A party found liable in a civil case may have to pay damages or follow an injunction.
Wrapping Up
I hope that this helps you with your work and that you now know more about criminal and civil law. Come back in two weeks for another law blog post about the different sorts of statutory interpretation!
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