What is the difference between criminal and civil law?
The distinction between criminal and civil law, the people and courts involved in each, the standard of proof, and the outcomes such as punishment or compensation.
A focused answer for AQA GCSE Citizenship Studies on the difference between criminal and civil law, the parties and courts involved in each, the standard of proof required, and the outcomes including punishment and compensation.
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What this dot point is asking
AQA wants you to explain the difference between criminal and civil law, including who brings the case, which courts hear it, how sure the court must be, and what happens at the end. You should be able to give an example of each type of case and, in applied questions, work out which branch of law fits a scenario (sometimes both). This Rights and responsibilities topic (Paper 2) is tested through "Explain" questions on the differences and through scenario questions, so being able to apply the two standards of proof and the two sets of courts to an example is key.
Criminal law
A criminal case is usually brought by the state through the Crown Prosecution Service (CPS), which decides whether there is enough evidence and whether prosecution is in the public interest. The accused, called the defendant, is presumed innocent and must be proven guilty beyond reasonable doubt, a deliberately high standard because a conviction can take away a person's liberty. Examples include theft, assault, criminal damage, drug offences and murder. The aim of criminal law is to maintain order and protect the public by punishing and deterring wrongdoing, which is why the case is framed as the state, on behalf of society, against the defendant.
Civil law
A civil case is brought by the person who has been wronged, called the claimant, against the defendant. The court decides on the balance of probabilities, meaning it rules for whichever side it finds more likely to be right (more than fifty per cent). This is a lower standard than in criminal law because the consequences are usually financial rather than loss of liberty. Examples include breach of contract, divorce and family disputes, disputes over property or money owed, and personal injury claims (for example after an accident). The aim of civil law is to resolve disputes and put right a wrong, usually by compensating the claimant.
Key differences
- Who brings the case: the state, through the CPS, in criminal law; the wronged party (the claimant) in civil law.
- Courts: Magistrates' Court and Crown Court for criminal cases; County Court and High Court for civil cases.
- Standard of proof: beyond reasonable doubt (criminal); balance of probabilities (civil).
- Outcome: punishment, such as a fine, community order or prison, in criminal law; compensation or an order, such as an injunction, in civil law.
A single event can give rise to both, as in a serious car crash: the state may prosecute for dangerous driving (criminal) while the injured party separately sues for compensation (civil). Recognising that the two systems can run in parallel on the same facts is a higher-level point AQA rewards.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 20184 marksExplain two differences between criminal law and civil law.Show worked answer →
A Paper 2 "Explain" question (AO1 plus AO2). Give two clearly contrasted differences.
Who brings the case and the standard of proof: in criminal law the state usually prosecutes (through the Crown Prosecution Service) and must prove guilt beyond reasonable doubt; in civil law the wronged person (the claimant) brings the case and only needs to show, on the balance of probabilities, that their version is more likely.
The outcome: a criminal case that succeeds leads to punishment such as a fine or prison; a civil case usually leads to compensation or a court order putting things right, not punishment.
Markers reward two genuinely different points, each contrasting the two types of law, not two ways of saying the same thing.
AQA 20214 marksA man is taken to court after a car crash. Explain how the case could be dealt with as both a criminal matter and a civil matter.Show worked answer →
A Paper 2 applied "Explain" question (AO1 plus AO2). Apply both branches of law to one scenario.
Criminal: if the man drove dangerously, the state (the Crown Prosecution Service) could prosecute him for a criminal offence such as dangerous driving, heard in the Magistrates' or Crown Court, where he must be proven guilty beyond reasonable doubt and could be punished with a fine, a driving ban or prison.
Civil: the other driver, if injured or whose car was damaged, could separately bring a civil claim for compensation in the County Court, where the claim is decided on the balance of probabilities and the outcome is money to put right the loss.
Markers reward correct application of both standards of proof, the right courts and the contrasting outcomes (punishment versus compensation).
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Sources & how we know this
- AQA GCSE Citizenship Studies (8100) specification — AQA (2016)