What is the difference between civil and criminal law in Queensland?

Key Differences

In the Queensland justice system, it is common to confuse civil and criminal law, but they operate in completely different ways:

1. The Parties Involved

• Criminal Law: The case is brought by the police or the Crown (the State) against a person (the defendant).
• Civil Law: The case is brought by a person or company (the plaintiff) against another person or company (the defendant).

2. The Objective

• Criminal Law: To determine if a person has broken the law and to punish them with fines, community service, or imprisonment.
• Civil Law: To resolve a dispute and provide a remedy, which is usually a payment of money (damages) to compensate for a loss.

3. The Burden of Proof

This is the most critical difference.

• Criminal Law: The prosecution must prove the case beyond reasonable doubt.
• Civil Law: The plaintiff only needs to prove their case on the balance of probabilities (i.e., that it is more likely than not that the defendant is responsible).

4. The Outcomes

• Criminal Law: A conviction, a criminal record, and a sentence.
• Civil Law: An order to pay money, an injunction (stopping someone from doing something), or an order for specific performance (making someone follow a contract).

Related Information:

• Civil Law & Litigation Practice Area
• Criminal Law Practice Area
• FAQ: Summary vs Indictable Offences
• FAQ: What to do if arrested?

Are you involved in a civil dispute or facing criminal charges? Contact Bell & Senior today for an experienced evaluation of your matter.