Introduction
Criminal law is a fundamental component of the legal system in England and Wales, dealing with conduct that is considered harmful to society as a whole. Its primary function is to define what constitutes a crime and to prescribe punishments for those who commit them. While it can overlap with civil law, particularly the law of tort, criminal law is distinguished by a unique set of characteristics. This essay will outline and explain some of the principal characteristics of criminal law, focusing on its public nature, the role of the state in prosecution, the distinct burden and standard of proof, and its punitive purpose.
The Public Nature of Crime
A central characteristic of criminal law is that it addresses public wrongs. While a crime may have an individual victim, the offence is treated as a wrong committed against the community or the State itself (Herring, 2022). For example, an assault is not just a wrong against the person who was attacked; it is also a breach of the King's Peace and a threat to social order. This is why criminal proceedings are brought in the name of the Crown, styled as R v Defendant (where 'R' stands for Rex or Regina). This contrasts sharply with civil law, where an individual (the claimant) brings an action against another (the defendant) to seek a personal remedy such as compensation. The public nature of crime means that the state, rather than the victim, takes primary responsibility for addressing the wrongdoing.
State Prosecution and Control
Flowing from the concept of crime as a public wrong is the dominant role of the state in the prosecution process. In England and Wales, criminal investigations are conducted by the police, and the decision to prosecute is primarily made by an independent public body, the Crown Prosecution Service (CPS), established under the Prosecution of Offences Act 1985. The CPS must apply a two-stage test from the Code for Crown Prosecutors, considering whether there is sufficient evidence for a realistic prospect of conviction and whether a prosecution is in the public interest. While a victim's views are an important factor, the final decision does not belong to them. This system is designed to ensure that prosecutions are brought consistently and fairly, based on objective criteria rather than a victim's desire for revenge or their ability to fund a private action.
The Burden and Standard of Proof
The procedural rules of criminal law are designed to protect the accused, reflecting the serious consequences of a conviction. The most important of these is the burden and standard of proof. The legal burden of proving the defendant’s guilt rests on the prosecution. This principle was famously described by Viscount Sankey LC in Woolmington v DPP [1935] AC 462 as the 'golden thread' that runs throughout the web of English Criminal Law. Furthermore, the standard of proof required is very high: the prosecution must prove the defendant's guilt 'beyond reasonable doubt'. This means the jury or magistrates must be sure of guilt before they can convict. This is a much higher threshold than the civil standard of proof, which only requires a claimant to prove their case 'on the balance of probabilities'. The high standard reflects the "fundamental principle of our criminal law that the accused is presumed innocent until proven guilty" (Ashworth and Horder, 2013, p. 77).
The Aim of Punishment
Finally, a defining characteristic of criminal law is its punitive function. If a defendant is found guilty, the court will impose a sentence, which is a form of punishment. The purposes of sentencing are set out in the Sentencing Act 2020 and include the punishment of offenders (retribution), the reduction of crime (including by deterrence), the reform and rehabilitation of offenders, and the protection of the public. The potential for punishment, especially the deprivation of liberty through imprisonment, is the most powerful sanction the state can impose on its citizens. It is this serious consequence that justifies the high standard of proof and the procedural safeguards, such as the presumption of innocence, afforded to the defendant throughout the criminal process.
Conclusion
In summary, criminal law possesses several core characteristics that distinguish it from other areas of law. Its focus on public wrongs rather than private disputes gives the state, through bodies like the CPS, the primary role in prosecuting offences. To safeguard individuals from the power of the state, the criminal process insists that the prosecution must prove its case beyond reasonable doubt, in line with the presumption of innocence. Ultimately, the purpose of this process is to impose punishment on those found guilty of criminal conduct, with the aim of maintaining social order and justice. These features collectively define the unique nature and function of criminal law in England and Wales.
References
- Ashworth, A. and Horder, J. (2013) Principles of Criminal Law. 7th edn. Oxford: Oxford University Press.
- Herring, J. (2022) Criminal Law: Text, Cases, and Materials. 10th edn. Oxford: Oxford University Press.
- Prosecution of Offences Act 1985.
- Sentencing Act 2020.
- Woolmington v DPP [1935] AC 462.
