Distinction between civil and criminal
law
In general terms, the purpose of civil proceedings is to enable
persons to enforce their rights or to recover their property
for their own benefit. Whether a person wishes to pursue his
rights is a matter for him alone; he can compromise an action
or, if he so wishes, fail to bring proceedings or even discontinue
proceedings in the course of the trial of a case.
The purpose of criminal proceedings, on the other hand, is
to enforce law and order in the interests of the community,
generally by punishing the offender.
Proceedings are usually undertaken by the Crown (private prosecutions
are possible but very rare), and once started can by discontinued
only by the Attorney-General entering what is known as a nolle
prosequi.
At first sight, therefore, it would seem that a civil offence
is a wrong against an individual, whereas a criminal offence
is a wrong against the community, but such a line is difficult
to draw.
Treason, the most serious of all crimes, is clearly an offence
against the community, but most of the other serious crimes,
such as murder, manslaughter and rape, are equally clearly
offences whose victims are individuals.
Nevertheless, they are deemed contrary to the public interest,
and so are treated as criminal offences – proceedings
will be brought irrespective of the wishes of the victim or
his or her relatives. On the other hand malicious prosecution,
which strikes at the root of constitutional freedom, is the
subject-matter of civil proceedings only.
In truth, it must be said that certain matters are crimes
because over the years the courts, and more importantly Parliament,
have decreed that they shall be treated as such, and the seriousness
or otherwise of a particular matter is of no great relevance.
Thus, in the early days of English law even murder was treated
as a civil matter, redressible by the payment of compensation
on a scale which varied with the rank of the victim.
In the twentieth century, on the other hand, Parliament had
by legislation decreed that it is a criminal offence, punishable
by fine, to throw an empty cigarette packet out of the window
of a car.
See also:
Civil
and criminal remedies
Civil
and criminal
proceedings
History
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