What are the differences between civil and criminal law? In Australia, the legal system is structured into two primary branches: criminal and civil law. These branches serve distinct purposes, addressing different types of disputes and offences, and operate with varying objectives and procedures.
When discussing differences between civil and criminal law cases, there are two points to remember. Firstly, the differences lie in how the cases are dealt with. Secondly, the standard of proof that is applicable in civil law cases and criminal law cases are different from each other.
Differences Between Civil and Criminal Law: Types of Cases
Civil Law
Primarily, civil law involves disputes between individuals or entities, focusing on conflicts that arise in private matters. These disputes encompass a broad spectrum of issues, such as:
- contract breaches,
- property disputes,
- negligence cases resulting in personal injury, defamation, and more.
The fundamental goal of civil law is to resolve disputes between parties and provide remedies or compensation to the affected party. Instead of punishment, civil law aims to restore the injured party to the position they were in before the dispute occurred or to provide fair compensation for the harm suffered.
Resolutions in civil cases often involve financial compensation or specific performance, where a party is required to fulfil a contractual obligation.
In civil cases, the burden of proof is generally based on the balance of probabilities, meaning that the claim is more likely than not to be true. The standard of proof is lower compared to criminal cases, where guilt must be proven beyond a reasonable doubt.
Criminal Law
Criminal law, on the other hand, deals with offences against the state or society as a whole. Crimes in this realm encompass a wide range of actions, including criminal case like:
- theft,
- assault,
- murder,
- fraud,
- drug offences, and more.
The primary objective of criminal law is to maintain public order, protect society, and punish individuals who have committed offences against the law.
In criminal cases, criminal prosecution is conducted by government authorities against an accused individual. The burden of proof rests on the prosecution, requiring them to prove the guilt of the accused “beyond a reasonable doubt.” This is a much higher standard compared to civil cases, emphasising the need for a high level of certainty in establishing guilt.
Penalties in criminal law often involve:
- fines,
- community service,
- probation,
- imprisonment, or, in severe cases, life imprisonment
The goal of these penalties is not only to punish the offender but also to deter others from committing similar offences and to protect society from further harm.
Finally, while both civil and criminal law are integral parts of the Australian legal system, they operate in distinct spheres with different objectives. As we have briefly explored, civil law aims to resolve disputes between parties and provide compensation, whereas criminal law focuses on prosecuting individuals for offences against the state or society, aiming to punish and deter criminal behaviour.
Differences Between Civil and Criminal Law: Standard of Proof
Balance of Probabilities
In Australian civil law, the standard of proof is based on the “balance of probabilities.” This means that for a claim to succeed, it must be more likely than not (more than a 50% chance) that the facts alleged by one party are true. This standard is less stringent than the “beyond a reasonable doubt” standard used in criminal cases.
For example, in a civil case involving a car accident, if one party claims that the other was responsible for the collision, the court will assess the evidence presented by both sides. If, based on the evidence, the court determines that it’s more probable than not that the accused party caused the accident, they may be held liable for damages.
Let’s say Party A alleges that Party B ran a red light, causing the accident. If Party A presents eyewitness testimony, traffic camera footage, and expert analysis supporting their claim, and the evidence convinces the court that it’s more likely than not that Party B indeed ran the red light, then the court may rule in favour of Party A, holding Party B responsible for the accident based on the balance of probabilities
Beyond a Reasonable Doubt
In Australia, the criminal justice system operates under the principle of “beyond a reasonable doubt.” This standard of proof requires the prosecution to prove the guilt of the accused to a level where there is no reasonable doubt in the minds of the jurors or the judge.
For instance, in a criminal trial involving a charge of theft, the prosecution must present evidence that convinces the court or jury that the accused committed the crime beyond any reasonable doubt. This means that after evaluating all the evidence presented, there should be no reasonable alternative explanation other than the guilt of the accused.
For example, if Jack is accused of stealing a valuable item from a store, the prosecution must present substantial evidence, such as eyewitness testimony, video footage, or forensic evidence that leaves no reasonable doubt that Jack committed the theft.
If the evidence does not convincingly establish Jack’s guilt to the required standard and if there remains a reasonable possibility of his innocence, then the court should find Jack not guilty based on the principle of “beyond a reasonable doubt.”
Our Team of Lawyers for Civil and Criminal Cases
At JB Solicitors, we have a team of expert civil lawyers as well as criminal lawyers. Our legal teams have the experience in handling various legal issues. We have the knowledge and experience of handling cases in civil courts such as:
- services paid for and not provided
- contact breaches and related employment law matters
- torts and negligence law in australia
- landlord and tenancy disputes
- defamation claims
Furthermore, we also have the experience of handling various criminal offences and traffic law matters. Traffic law and criminal law deals with cases such as:
- drink driving
- speeding
- theft/larceny
- drug possession related criminal charges
If you have any enquiries, contact our team of criminal defence lawyer today.
