Criminal law exists to protect people, property, and the environment. It acts as a deterrent and punishes offenders through fines, imprisonment, or community service. It also aims to reform offenders. There are two levels of conviction in UK criminal law: summary conviction for minor offences in a magistrates court with a maximum £5,000 fine or 6 months imprisonment, and conviction on indictment for serious offences in a crown court. Civil law exists to settle disputes between private parties and restore injured parties to their original position before losses through compensation for pecuniary losses like lost earnings and non-pecuniary losses like pain and suffering. Specific maritime offenses can result in fines up to £50,000 or £250,

1. 1
Learning Outcome 1
Marine Law
Lesson 3
HNC Nautical Science
Marine Law & Management
Recap
• Explain the concept of common law
• Explain the concept of precedent
Aim
• To provide an overview of English criminal and
civil law

2. 2
Objectives
By the end of the session the student will be
able to:
• Explain the court system in England
• List the level of convictions in criminal law
• Identify the £50,000 & £250,000 penalties
within the maritime industry.
• Explain the civil law system
• Explain the difference between pecuniary
and non-pecuniary losses
An overview of UK criminal law
Why does it exist?
• To protect people, property and the
environment

3. 3
How does criminal law work?
• Acts as a deterrent
• Punishes offenders
• Fines
• Imprisonment
• Community Service
• Reforms Offenders
Levels of Conviction
SUMMARY CONVICTION
• Minor offences
• Magistrates court
• Magistrates act as judge and jury and issue
sentence.
• Maximum fine is normally £5,000 but can be
increased to £50,000 or £250,000 for specific
maritime offences.
• Maximum imprisonment 6 months
Levels of Conviction
CONVICTION ON INDICTMENT
• Serious offence
• Crown court
• Judge and Jury
• Jury convinced 10/12 and ‘beyond all
reasonable doubt’.
• Judge gives the sentence.
• Fine (in maritime cases unlimited)
• Imprisonment (maritime cases 2 years)

4. 4
Deciding which level
• Included in statutes – Merchant
Shipping Act
• Included in Criminal Justice Act
• Magistrate Refers
An Overview of UK Civil Law
Why does it exist?
• To settle disputes between two private
parties
• To restore an injured party to the
position he was in before the loss or
harm occurred
How does Civil law work?
• By providing compensation
• Not designed to make a profit, but to place
the party back to his original position before
the loss or harm occurred through:
– Pecuniary losses and
– Non-pecuniary losses

5. 5
Pecuniary Losses
• Loss of earnings or earning capacity
• Medical expenses
• Other measurable financial losses
Non-Pecuniary Losses
• Pain and suffering
• Loss of expectation of life
• Loss of amenity
• The injury itself
Can you?
• Explain the court system in England
• List the level of convictions in criminal law
• Identify the £50,000 & £250,000 penalties
within the maritime industry.
• Explain the civil law system
• Explain the difference between pecuniary
and non-pecuniary losses

6. 6
Next Lesson
Contract Law
£50,000 Summary Offences
• Failing to render assistance following a
collision (master only)
• If the ship is “dangerously unsafe” (owner or
master)
• Carrying excess passengers (Owner and/or
master)
• Sailing whilst detained (master only)
• Wrong way in TSS (owner & master & OOW!)
£250,000 Summary Offence
• Discharge of oil into UK waters - (master or
owner)
Merchant Shipping Act 1995
Merchant Shipping and Maritime Security Act
1997