The legal system in England and Wales is broadly divided into two main areas: criminal law and civil law. While both aim to regulate behaviour and resolve disputes, they are distinct in their purpose, the parties involved, the procedures they follow, and the outcomes they deliver. For students of criminology and policing, understanding this distinction is fundamental as it defines the context in which most police work and the criminal justice system operate. This essay will explain the differences between criminal and civil law, using the cases of R v Jogee and Donoghue v Stevenson as key examples.
The Purpose and Function of Criminal Law
Criminal law is concerned with conduct that is considered harmful to society as a whole. Its primary purpose is to prohibit and punish such conduct, to protect the public, and to maintain social order (Martin and Turner, 2019). Crimes are seen as wrongs against the state, not just the individual victim. For this reason, criminal cases are prosecuted by the state, through the Crown Prosecution Service (CPS), on behalf of the Crown. This is why criminal cases are cited as R v Defendant, where 'R' stands for Regina (Queen) or Rex (King).
The burden of proof in a criminal case rests with the prosecution, which must prove the defendant's guilt. The standard of proof is very high: "beyond a reasonable doubt." This high standard reflects the serious consequences of a criminal conviction, which can include the loss of liberty. If a defendant is found guilty, they are convicted and sentenced to a punishment, such as imprisonment, a fine, or a community order. If the prosecution fails to meet the standard of proof, the defendant is acquitted.
The case of R v Jogee [2016] UKSC 8 is a significant example of criminal law. This case concerned the doctrine of 'joint enterprise', where individuals could be convicted of murder even if they did not deliver the fatal blow, as long as they participated in a crime where they foresaw that a co-defendant might cause serious harm. The Supreme Court corrected what it saw as a legal error, ruling that foresight of a co-defendant's actions was only evidence of intent, not a substitute for it. This case demonstrates the core features of criminal law: it deals with the most serious offence of murder, it involves the state prosecuting individuals, and the outcome determines guilt and punishment, with the potential for a life sentence. It also shows how the criminal law evolves to ensure that the threshold for conviction is correctly applied.
The Purpose and Function of Civil Law
In contrast, civil law deals with the rights and obligations of individuals, companies, and other legal entities in their relationships with one another. Its main purpose is to resolve disputes and provide remedies for a party whose rights have been infringed (Slapper, 2020). Common areas of civil law include contract law, family law, and the law of tort. The police have a much more limited role in civil disputes, which are pursued by the parties themselves. The parties are known as the claimant (the person bringing the case) and the defendant (the person being sued).
In civil proceedings, the burden of proof is on the claimant to prove their case. The standard of proof is lower than in criminal law: "on the balance of probabilities." This means the court must be satisfied that it is more likely than not that the claimant's version of events is true. If a claimant is successful, the defendant is found liable, and the court will award a remedy, which is typically financial compensation (damages) or an order requiring the defendant to do or stop doing something (an injunction). The aim is to restore the claimant to the position they were in before the wrong occurred, not to punish the defendant.
The famous case of Donoghue v Stevenson [1932] AC 562 is a perfect illustration of civil law. Mrs Donoghue became ill after drinking ginger beer from a bottle that allegedly contained the remains of a decomposed snail. As she had not bought the drink herself, she could not sue the cafe owner for breach of contract. Instead, she sued the manufacturer, Mr Stevenson, in tort. The House of Lords held that the manufacturer owed a duty of care to the final consumer. This case established the "neighbour principle," which is the foundation of the modern law of negligence. It is a classic civil case because it involved a dispute between two private parties, the standard of proof was the balance of probabilities, and the outcome was about liability and the right to claim compensation for harm suffered.
Conclusion
In summary, the distinction between criminal and civil law is clear and significant. Criminal law involves the state prosecuting individuals for public wrongs, with the high standard of proof of "beyond a reasonable doubt" and the aim of punishment. Civil law, by contrast, is a mechanism for private parties to resolve disputes, with the lower standard of "the balance of probabilities" and the aim of providing a remedy. Cases like R v Jogee highlight the state's role in punishing serious crime, while Donoghue v Stevenson shows how civil law provides recourse for individuals when their private rights are breached. For those studying policing, this division is crucial, as the police are the primary gatekeepers to the criminal justice system, whereas their involvement in civil matters is far more peripheral.
References
- Martin, J. and Turner, C. (2019) The English Legal System. 8th edn. Hodder Education.
- Slapper, G. (2020) The English Legal System. 20th edn. Routledge.
- Donoghue v Stevenson [1932] AC 562.
- R v Jogee [2016] UKSC 8.
