Description of the legal term Criminal Law:
Criminal law is the body of law relating to crime. It regulates behaviour that is perceived as threatening, harmful or otherwise dangerous to the property, health, safety and moral welfare of people, including oneself. Criminal law involves the punishment of people who break these laws. It is distinct from civil law, which deals with disputes between individuals and organisations and is primarily concerned with compensation (rather than punishment).
Criminal law in the UK is based on principles such as the presumption of innocence, the burden of proof being on the prosecution, and the standard of proof being ‘beyond reasonable doubt’. Crimes are generally categorised as either indictable offences (serious crimes such as murder, rape or burglary, which are tried in a Crown Court), summary offences (less serious crimes such as minor traffic offences, which are tried in a Magistrates’ Court) or either-way offences (which may be tried in either court, depending on various factors).
Legal context in which the term Criminal Law may be used:
Example 1: Robbery case
In a case of robbery, which is an indictable offence, the defendant is tried in a Crown Court. The prosecution must prove beyond reasonable doubt that the accused committed the offence of robbery, which is the taking of property from another person with the intent to deprive them permanently of it by the use of force or threat of force. If found guilty, the person will be sentenced by the court, which can range from imprisonment to a fine, depending on the seriousness of the offence and the circumstances.
Example 2: Drink-driving offence
A drink-driving offence is usually a summary offence. The defendant would appear before a magistrates’ court. The prosecution must prove that the accused was driving a vehicle with alcohol levels above the legal limit. If convicted, the penalties could include a driving ban, a fine or even imprisonment, depending on factors such as the alcohol level and whether the person has previous convictions.