What is criminal law?

Criminal law is the body of law that defines the conduct considered harmful to society, sets out the penalties that can be imposed for such conduct, and governs the process by which the state investigates and prosecutes offenders.

It is distinct from civil law, which deals with disputes between private individuals or organisations. In a criminal case, the state (represented by the Crown Prosecution Service in England and Wales, the Crown Office and Procurator Fiscal Service in Scotland, and the Public Prosecution Service in Northern Ireland) brings a case against an accused person. The burden of proof lies on the prosecution, which must prove the case beyond reasonable doubt. The presumption of innocence and the right to a fair trial are fundamental principles, protected by both the common law tradition and the Human Rights Act 1998.

Criminal offences in England and Wales are divided into three categories. Summary offences, such as most driving offences and minor public order matters, are tried only in the Magistrates' Court. Indictable-only offences, such as murder, manslaughter, rape, and serious robbery, are tried in the Crown Court before a judge and jury. Either-way offences, such as theft and assault occasioning actual bodily harm, can be tried in either court depending on the seriousness of the case and the defendant's choice. The Crown Court tries around 3 per cent of all cases by volume but handles the most serious matters. The Magistrates' Court handles the rest.

Sentences reflect the seriousness of the offence and the offender's history. They range from absolute and conditional discharges, through fines, community orders with requirements such as unpaid work, curfews, or treatment programmes, to suspended or immediate custodial sentences. Life sentences with minimum terms are available for the most serious offences and are mandatory for murder. The Sentencing Council publishes guidelines that courts must follow.

The sources of criminal law are statute, such as the Theft Act 1968, the Misuse of Drugs Act 1971, the Sexual Offences Act 2003, and the Criminal Justice Act 2003, and common law, which is law developed by judges through decided cases. Murder, for example, is still largely a common law offence.

Appeals from the Magistrates' Court go to the Crown Court. Appeals from the Crown Court go to the Court of Appeal (Criminal Division) and, on points of law of general public importance, to the Supreme Court.

Criminal law is the hard edge of the rule of law, and its fair operation is a key feature of British public life.