•distinguish between civil and criminal court procedures •identify the role of legal personnel involved in the court process

1. Classification
of Law
CRIMINAL AND CIVIL
COURT PROCEDURES

2. At a glance, court procedures for criminal and civil cases
appear similar, however, there are some key differences.
COURT PROCEDURES
Parties
involved
Standard
of proof
Burden of
proof
Sentencing

3. Criminal Trial Civil Trial

4. Criminal Trial
 Prosecution (represents
society)
 Usually a representative of
the Office of the Director
of Public Prosecutions
 May be a Police Prosecutor
(in Local Court)
 Defendant (the accused
wrong-doer)
 Usually represented by a
barrister
Civil Trial
 Plaintiff (brings the
case to court)
 Defendant (the accused
wrong-doer)
PARTIES INVOLVED

5. Criminal Trial
 “Beyond a reasonable
doubt”
 The judge or jury must be
convinced by the
Prosecution that the
accused was guilty – and
they can have no
questions/doubts about
this
 A guilty verdict can only be
made if the Prosecution
proves:
 mens rea
 actus reus
 causation
Civil Trial
“On the balance of
probabilities”
The judge (or very
occasionally a jury)
only needs to
determine which side is
more likely to be telling
the truth
 This makes it easier for a
Plaintiff to “win” a civil case
than a Prosecutor criminal
case. See: OJ Simpson
STANDARD OF PROOF

6. Criminal Trial
 Prosecution must prove
to the judge or jury that
the Defendant
committed the crime
 It is not the
responsibility of the
Defendant to prove
their innocence
Civil Trial
 Plaintiff must prove to
the judge (or very
occasionally a jury) that
the Defendant
committed the wrongful
act
 It is not the
responsibility of the
Defendant to prove
their innocence
BURDEN OF PROOF

7. Criminal Trial
 Judge will hold a
sentencing hearing if the
Defendant is found guilty
 Will consider previous
crimes and Victim Impact
Statements, as well as
mitigating circumstances
 Will result in sanctions
 Jail time
 Community service
 A fine
Civil Trial
 If the judge finds in order of
the Plaintiff, s/he will state
what relief (compensation)
needs to be made by the
Defendant
 Will usually take the form
of damages (payment) or
injunctions (orders
restricting behaviour)
 If the judge finds that the
Plaintiff’s claim was
vexatious (time-wasting),
the Plaintiff may be ordered
to pay all court costs.
SENTENCING

8. Judges and
Magistrates
Barristers
Solicitors
PERSONNEL
INVOLVED

9.  Preside over courts
 Legally qualified and
experienced
professionals (usually
worked as barristers)
 Judges sit in
intermediate and
superior courts;
adjudicate cases with a
jury (decide verdict if
no jury)
 Magistrates sit in lower
courts; decide verdict
 Both issue rulings and
sentences
JUDGES AND MAGISTRATES

10.  Receive work via a
solicitor (cannot be
hired directly by an
individual)
 Specialise in one
aspect of the law
 Two main roles:
 Provide legal advice based on
facts presented to them
regarding the likely outcome
of the case
 Present their client’s case in
court (if briefed by a solicitor)
BARRISTERS

11.  First port of contact for
someone needing legal
advice
 Majority of their work
occurs outside a
courtroom
 Preparing wills
 Family law matters (divorce)
 Conveyancing (real estate
purchases)
 Creating contracts
 If involved in a court case,
will prepare a “brief”
(documents relating to the
case) for a barrister
SOLICITORS