Civil law & Criminal law (AQA GCSE Citizenship Studies): Revision Note

Exam code: 8100

Michael Mitchell

Written by: Michael Mitchell

Reviewed by: Lisa Eades

Updated on

How civil and criminal law differ

Civil law

  • Civil law deals with disputes between individuals, organisations or businesses, where one party believes their rights have been affected and usually seeks compensation or another remedy

    • The burden of proof in civil law is the balance of probabilities

Case Study

View of the Tate Modern art gallery in London, with a tall chimney, green trees in front, and a pedestrian bridge leading towards the entrance.

Background

  • Residents of luxury flats next to the Tate Modern complained that visitors on the gallery’s viewing platform could look directly into their homes, sometimes using binoculars

  • The residents argued this constant overlooking invaded their privacy

Process

  • The flat owners brought a civil claim in nuisance against the Tate Gallery, arguing that the gallery’s design interfered with their right to enjoy their property

  • The case went through the civil courts and reached the UK Supreme Court

Outcome

  • The Supreme Court ruled in favour of the residents, deciding that extreme overlooking could count as a legal nuisance

  • This case showed that civil law can deal with unusual everyday problems, not just money disputes, and focuses on resolving harm rather than punishing behaviour

Criminal law

  • Criminal law deals with offences against the state, where a person is accused of breaking the law and may face punishment such as a fine or imprisonment

    • The burden of proof in criminal law is the higher threshold of beyond reasonable doubt

Case Study

Historic stone courthouse with a large dome, four columns at the entrance, ornate carvings, and a statue on top, set against a clear blue sky.

Background

  • In 2019, Tommy Robinson (real name Stephen Yaxley-Lennon) was accused of contempt of court after filming and livestreaming outside a criminal trial

  • His actions risked influencing jurors and undermining the defendant’s right to a fair trial

Process

  • The case was brought by the state, as contempt of court is a criminal offence, and was heard in the Crown Court

  • Judges considered whether Robinson’s actions interfered with the justice system

Outcome

  • Robinson was found guilty at the Old Bailey and sentenced to nine months in prison, showing how criminal law is used to protect the fairness and integrity of trials

Key differences between civil and criminal cases

Case activity

Civil law case

Criminal law case

Case brought by

  • Individuals, groups or organisations

  • The Crown Prosecution Service brings the case on behalf of the state

Basis of the decision

  • Person found liable or not liable regarding the issue

  • Person is found guilty  or acquitted by a jury, judge or magistrates

Burden of proof

  • Balance of probabilities

  • Beyond reasonable doubt

Sentence

  • Award of compensation or an order to stop an action

  • Order to pay the other side's costs

  • Non -custodial or custodial sentence if found guilty

Appeal

  • Either party can appeal to a higher court

  • The defendant can appeal against conviction or sentence or ask for a review of the sentence

Unlock more, it's free!

Join the 100,000+ Students that ❤️ Save My Exams

the (exam) results speak for themselves:

Michael Mitchell

Author: Michael Mitchell

Expertise: Content Writer

Michael Mitchell is a pioneer of Citizenship education and a former Chief Examiner and Chief Moderator across all qualification levels. Michael's aim is to enable students to participate and become active citizens and not just passive members of society. He designed national specifications and, later, trained the next generation of teachers as the PGCE Subject Leader at the University of Plymouth, where he also ran a national Master's-level CPD program.

Lisa Eades

Reviewer: Lisa Eades

Expertise: Business Content Creator

Lisa has taught A Level, GCSE, BTEC and IBDP Business for over 20 years and is a senior Examiner for Edexcel. Lisa has been a successful Head of Department in Kent and has offered private Business tuition to students across the UK. Lisa loves to create imaginative and accessible resources which engage learners and build their passion for the subject.