What is the difference between criminal and civil law?
The distinction between criminal and civil law, who brings each type of case, the courts and standard of proof involved, the outcomes such as punishment or compensation, and how a single event can lead to both.
A focused answer for OCR GCSE Citizenship Studies on the difference between criminal and civil law, who brings each type of case, the courts and standards of proof involved, the outcomes including punishment and compensation, and how one event can give rise to both.
Reviewed by: AI editorial process; not yet individually human-reviewed
Have a quick question? Jump to the Q&A page
Jump to a section
What this dot point is asking
OCR wants you to explain the difference between criminal and civil law: who brings each case, which courts hear it, how sure the court must be (the standard of proof), and what happens at the end. You should be able to give an example of each and, in applied questions, work out which branch fits a scenario, recognising that one event can be both. This Section 1 topic, which underpins the whole course, is tested through "Describe" and "Explain" questions and through scenario questions.
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 prosecuting is in the public interest. The accused, 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, dangerous driving and murder. The aim is to maintain order and protect the public by punishing and deterring wrongdoing, which is why a criminal case is framed as the state (R, for Rex or Regina, meaning the Crown) against the defendant.
Civil law
A civil case is brought by the person who has been wronged, the claimant, against the defendant. The court decides on the balance of probabilities, ruling 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 money or property, and personal injury claims. The aim of civil law is to resolve disputes and put right a wrong, usually by ordering the defendant to pay compensation (damages) or by issuing an order such as an injunction.
Key differences and how one event can be both
A single event can give rise to both. After a serious car crash, the state may prosecute the driver for dangerous driving (criminal), while the injured person separately sues for compensation (civil). The two processes can run in parallel on the same facts, and recognising this is a higher-level point OCR rewards.
Try this
Q1. What is the standard of proof in a criminal case? [Knowledge recall]
- Cue. Beyond reasonable doubt.
Q2. Explain who brings a civil case and what the usual outcome is. [Short explanation]
- Cue. The wronged person (the claimant) brings it; the usual outcome is compensation (damages) or a court order to put things right, rather than punishment.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR J270 20194 marksDescribe two differences between criminal law and civil law.Show worked answer →
A "Describe" question (4 marks, 2 marks each). Reward two clearly contrasted differences, each developed with a detail.
Difference one (who brings the case and the standard of proof). In criminal law the state, through the Crown Prosecution Service, prosecutes and must prove guilt beyond reasonable doubt; in civil law the wronged person (the claimant) brings the case and need only show, on the balance of probabilities, that their version is more likely.
Difference two (the outcome). A successful criminal case leads to a punishment such as a fine, community order or prison; a successful civil case usually leads to compensation or a court order putting things right, not punishment.
Top marks. Two genuinely different points that contrast the two branches of law, each with a supporting detail, not two versions of the same idea.
OCR J270 20228 marksA driver crashes into another car, injuring the other driver. Explain how this could be dealt with as both a criminal matter and a civil matter.Show worked answer →
An applied "Explain" question (8 marks, AO1 and AO2). Apply both branches of law to one scenario.
Criminal route. If the driver drove dangerously, the state, through the Crown Prosecution Service, could prosecute for the criminal offence of dangerous driving in the Magistrates' or Crown Court. The driver must be proven guilty beyond reasonable doubt and, if convicted, could be punished with a fine, a driving ban or prison.
Civil route. Separately, the injured driver could bring a civil claim for compensation as the claimant, usually in the County Court. The claim is decided on the balance of probabilities, and a successful claim leads to damages (money) to put right the loss, not punishment.
Top band. Apply both standards of proof, name the right courts and outcomes, and conclude that the same event can be handled by both systems at once.
Related dot points
- The sources of law in England and Wales (legislation, common law and precedent), how law is made and changed, and key legal principles such as the rule of law, equality before the law, the presumption of innocence and the right to a fair trial.
A focused answer for OCR GCSE Citizenship Studies on the sources of law in England and Wales (legislation, common law and precedent), how laws are made and changed, and the key principles that underpin the legal system, including the rule of law, equality before the law, the presumption of innocence and a fair trial.
- The structure of the courts in England and Wales, the roles of the police, judges, magistrates, juries and lawyers, how criminal and civil cases progress, and the aims of sentencing and punishment.
A focused answer for OCR GCSE Citizenship Studies on the justice system in England and Wales: the structure of the courts, the roles of the police, judges, magistrates, juries and lawyers, how criminal and civil cases progress, and the aims of sentencing.
- Tribunals and other forms of dispute resolution such as mediation and arbitration, legal aid and access to justice, the role of advice services, and the barriers that can stop people getting justice.
A focused answer for OCR GCSE Citizenship Studies on tribunals and alternative dispute resolution (mediation and arbitration), legal aid and access to justice, the role of advice services such as Citizens Advice, and the barriers that can prevent people getting justice.
- The age of criminal responsibility, how the youth justice system differs from the adult system, youth courts and youth offending teams, the range of sentences for young people, and the emphasis on prevention and rehabilitation.
A focused answer for OCR GCSE Citizenship Studies on the youth justice system: the age of criminal responsibility, how youth courts and youth offending teams differ from the adult system, the sentences available for young people, and the focus on preventing offending and rehabilitation.
- The meaning of rights and responsibilities, the difference between legal, human and moral rights, how rights can conflict and need balancing, and how rights and responsibilities are linked in a diverse society.
A focused answer for OCR GCSE Citizenship Studies on what rights and responsibilities are, the difference between legal, human and moral rights, how rights can conflict and need balancing through law, and why rights and responsibilities are linked in a diverse society.
Sources & how we know this
- OCR GCSE (9-1) Citizenship Studies J270 specification — OCR (2016)
- Courts and tribunals - the justice system — Courts and Tribunals Judiciary (2023)