Civil and criminal law – the difference in a nutshell

What is civil law?

Civil law deals with the responsibilities, obligations, and rights that individuals, governments and companies have for one another. For example, a personal injury claim or a claim for defamation is dealt with in civil courts such the District Court or Supreme Court of Western Australia. Workers’ compensation applications are commenced at WorkCover WA. Interestingly, a claim for criminal injuries compensation is brought in the civil system. Generall speaking, civil cases are disputes about money or property, or both. Other examples of civil proceedings include family law disputes, breach of contract and property law disputes.

What is criminal law?

By contrast, criminal law protects the community and punishes the perpetrators of crime. The purpose is also to deter individuals from committing crime and rehabilitate the offenders. Criminal cases are brought by the state and therefore on behalf of the community. Prosecutions can be brought against individuals and companies.

What is the standard of proof and who bears its burden?

In civil cases, the person who brings the claim carries the burden of proof. You may have heard the expression “he who asserts must prove”. The party against whom the claim has been brought may disprove some or all of the elements of the claim. The weighing up and comparison of the likelihood of the existence of competing facts or conclusions is done on the balance of probabilities, which is the standard of proof in civil proceedings. For example, a fact is proved to be true on the balance of probabilities if its existence is more probable than not, or if it is established by a preponderance of probability or to the reasonable satisfaction of the tribunal of fact. Put simply, more likely than not, or greater than 50%. Beyond reasonable doubt is a term you probably have heard when watching a movie or the news. It is a standard of proof in criminal proceedings, and it stipulates that a charge is not proved if the court is not satisfied beyond reasonable doubt that the accused committed the offence. Interestingly, judges should not explain to the jury (unless the case depends on circumstantial evidence) what that term means as it is apparently well understood and therefore requires no explanation. The standard of proof in criminal cases is higher than in the civil system as the criminal justice system is premised on the notion that it is better for a guilty person to be acquitted than for an innocent person to be found guilty. The notion is based on the presumption of innocence, which is a human right and the most fundamental principle of the criminal justice system.

Who can start proceedings?

Criminal proceedings are generally commenced by an agency or department to whom the government may delegate its power. For example, the Office of the Director of Public Prosecutions (ODPP) or the Australian Federal Police. Whilst The ODPP acts independently of the Government in decision making on criminal prosecutions, the Director is responsible to the Attorney General for the operation of the Office. Civil law cases are generally brought by individuals but can also be commenced by organisations.

Remedies in civil law vs penalties in criminal law

The most common remedy being sought by the person who brings a civil law claim is compensation for damages. Other remedies include specific performance, which is an order applied to an executed contract by compelling the person the defendant to perform his or her contractual obligation. Another example is an injunction which is an order to requiring the defendant to do, or not to do, a particular action. Some of the penalties in the criminal system include imprisonment, a community-based order, or an order for the accused to pay a specified amount of money.

How do I know if my case is criminal or civil?

This is prett straight-forward. If you have been arrested or been served with a summons outlining the criminal charges, your case is criminal in nature. By contrast, your case is of a civil nature if you have been served with a Writ of Summons or an application in relation to family law proceedings. Are you aware of your rights? Most importantly, do you know how much your claim is worth? Contact RZ Injury Lawyers. The first consultation is free regardless of whether you instruct us to represent you.