DIFFERENCES BETWEEN CIVIL LAW AND CRIMINAL LAW IN AUSTRALIA

Each country’s legal system is divided majorly into two types of law: first is the civil law and the other one is the criminal law. Both these laws deal with multiple types of matters but are different from each other due to their inherent nature.

In civil law, there is a violation of a legal right of an individual and in order to redress the same, a suit is filed in the court for getting relief in the form of monetary compensation usually called ‘compensation’.

On the other hand, in criminal law, state or the commonwealth acts on the behalf of the victim and prosecutes the person for committing a crime against him/her.

This blog titled, ‘Differences between Civil Law and Criminal Law’ aims to discuss the key points of differentiation between the two laws so as to understand the nuances of the same.

Differences between Civil Law and Criminal Law

Parties Involved

In civil law, parties are private plaintiff and the private defendant or a respondent. The plaintiff is a person who files a suit against the other party for claiming something which has been lost unlawfully due to the act of defendant. The defendant is the person who has breached the legal right of the plaintiff giving rise to the cause of action.

Whereas in criminal law parties are known as the defendant and the prosecution. The defendant is the person who is accused of committing an offence and prosecution is the person who alleges the accused of committing the crime against him/her.

Standard of Proof and Burden of Proof

Standard of proof means the degree or extent to which a party must prove its case to succeed in the case. In civil law, the standard of proof is the preponderance of evidences or liabilities and burden of proof rests with the plaintiff.

On the other hand, in criminal law the standard of proof is proving beyond reasonable doubt and the burden of proof rests with the prosecution. It never shifts on the accused as there is no obligation on the accused to prove any fact or issue and it is upon the prosecution to prove the guilt of the accused.

Right to Silence

Right to silence guarantees that any individual has the right to refuse to answer any questions that are asked from the authorities. In criminal law, law confers upon the accused the right to silence. But, in civil law, there is no provision which empowers the parties to exercise the right to silence. On contrary, if the parties are found to conceal any evidence in the court of law, then it can be used against them and they can be punished for the same.

Purpose

Every law is created with an objective in this universe. The main purpose of creating civil law is to provide remedy in the disputes between individuals through compensation. But the purpose of criminal law is to punish, deter or rehabilitate the accused offender. Under civil law, reliefs such as financial compensation, restraining orders or injunctions are granted whereas under criminal law fines are imposed in addition to the imprisonment etc.

Examples

Examples of civil law includes breach of contract, personal injury, negligence, various types of torts etc. whereas examples of criminal law include murder, burglary, assault, sexual assault etc.

Conclusion

Criminal law in Australia is related to the criminal justice system in Australia whereas civil law in Australia is related to the relationship between the legal issues involved between the individuals and organizations in their day-to-day life. Thus, it can be said that there is a clear divide between these two laws. But both of them come to ensure that the country’s legal system is unique and effective.

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