Hi, I'm Mrs. Allchin and I'm going to be taking you through the Citizenship lesson today.

I'm going to give you all the information that you need to be able to take part in the lesson and I'll also pause and tell you when you need to complete an activity or complete a check for understanding.

I hope you enjoy the lesson.

This lesson is called, "Why do we need criminal and civil law?" And it's taken from the unit of work, "Does our legal system protect citizens' rights?" The keywords for this lesson are criminal law, which is law that deals with individuals who break the law and seeks to punish an offence because the offender's broken laws that Parliament has stated that we must all obey.

Justice, which is fairness as a result of the application of a law, usually by a judge in society.

And civil law, which is law that deals with disputes between individuals or groups.

There are civil courts which award damages, which could be a money payment.

This is our lesson outline for today.

We're going to first of all look at, "Why do we need criminal law?" And then we're going to look at, "Why do we need civil law?" So Alex is asking, "What behaviours fall under criminal law?" So pause and have a think for yourselves.

So criminal law deals with crime, and that's why we've highlighted those first few letters, so you really remember criminal law deals with crime.

All citizens must follow the law.

This is a key factor of our justice system.

When laws are made via Parliament through legislature or judges through common law, they apply to all citizens.

If a citizen breaks the law, this falls under criminal law, as they have committed a crime.

The purpose of criminal law in today's society is to keep people safe, maintain order, and ensure justice is served.

Criminal law determines what is illegal and ensures that those who break the law face fair and just sentencing.

Criminal law also ensures justice by giving victims of crime a way to seek legal action, as well as justice to defendants in ensuring a fair trial.

It plays a key role in upholding the rule of law, ensuring that all citizens, regardless of their status in society, are treated equally under the law.

So these are some of the key features of criminal law.

So it deals with acts of crime when a law has been broken.

The person who is alleged to have committed a crime is a defendant because it's themselves that are being defended.

These acts of crime are initially investigated by the police because they enforce the law, so it's the police that investigate crime and potentially make arrests.

The Crime Prosecution Service, CPS, brings the case on behalf of the monarch.

So it's the CPS who decide whether or not a case will go to court, usually dependent on evidence.

The purpose of criminal law is to maintain the stability of society by providing justice, deterring criminality, so putting people off crime, and also rehabilitating criminals.

The outcome of criminal law is to find the defendant either guilty or not guilty, and that guilt must be beyond reasonable doubt.

That's really, really important.

So Alex is asking, "What are the principles of criminal law?" So criminal law is based on the principles of actus reus, the guilty act, and mens rea, the guilty mind or intent.

Actus reus means the guilty act, the physical action of committing a crime, so actually doing the crime.

There is a misconception that criminal law only refers to serious crime.

It does not.

Any act that goes against the law is a crime, so this could include both stealing a lollipop from a shop and a mass act of terrorism.

Although the severity of the crime is clearly different, both fall under criminal law as a crime has been committed.

Both of those acts go against an act of Parliament, go against law.

Let's have a check for understanding.

Criminal law is used to deal with serious crime, e.

g.

murder, as opposed to less serious crime, e.

g.

theft.

Is that true, is that false, and can you tell me why? It's false, and why? Criminal law deals with all types of crime, including serious and less serious crime.

Mens rea means the guilty mind, the intention or knowledge that what the perpetrator was doing was wrong.

Both of these principles are applied equally when dealing with criminal law.

This ensures justice because they ensure citizens are only punished if they meant to commit a crime, mens rea, and actually did something illegal, actus reus.

Although criminal law seeks to punish citizens who are guilty of breaking the law and deter others from committing the same crime, it's also based on a foundation of equality, fairness and justice, including the need to rehabilitate criminals as well as punish them.

Let's have a check for understanding.

State two things that criminal law seeks to achieve.

So you might have said punish citizens who have committed a crime, deter citizens from committing the same crime, provide justice, or rehabilitate criminals.

So let's have a look at a potential criminal law case study.

So Miss A is accused of stealing trainers from a shop.

The police investigate and gather evidence.

If the police believe there is sufficient evidence, they may charge Miss A, and the CPS, the Crime Prosecution Service, will decide whether to prosecute the case.

If the CPS decide to prosecute, Miss A will have her case heard in a magistrate court.

Her punishment will be decided here too, as her crime is a summary offence, a less serious case.

So Alex is asking, "What types of sentences can a magistrate court pass?" So pause while you have a think for yourselves.

So as magistrate courts deal with summary offences, which are those sort of less serious crimes, the punishment is decided by a group of three magistrate judges and can include up to six months in prison, or up to 12 months in total for more than one offence, a fine, a community sentence, like doing unpaid work in the community, and a ban, so for example, being banned from driving or banned from keeping an animal.

So Alex is saying, "Well, what if the law broken led to a more serious crime being committed, so for example, murder?" What do you think might happen then? So, whilst all criminal cases start off in a magistrate court, serious cases, which is known as indictable offences, must then be passed to a crown court, as a crown court can pass much tougher sentences that will ensure justice can be served for more serious crime types.

In a crown court, when a person pleads not guilty, a jury decides on guilt and a judge passes sentence using clear sentencing guidelines which further ensure fairness and justice.

In the UK, the harshest sentencing that can be passed is life without parole, so a custodial sentence in prison without the possibility of release.

So let's have a look at another potential criminal law case study.

So Mrs. B is accused of murder.

The police investigate and gather evidence.

If the police believe there is sufficient evidence, they may charge Mrs. B and CPS will decide whether to prosecute the case, so just like before.

If the CPS decides to prosecute, Miss A will initially enter her plea in a magistrate court, but as it is an indictable offence, it would then be transferred to a crown court.

Due to the seriousness of the offence and to ensure justice and safety of others, Mrs. B may be kept in custody until her crown court hearing.

So let's have a check for understanding.

Put the characteristics into the correct column of the table.

So we've got magistrate court and we've got crown court.

And the bullet point characteristics below, which go where? So for magistrate court, we've got that there are three magistrates, all cases start here, it's for less serious crime, and it's a maximum 12-month prison sentence that can be given.

For a crown court, we have a judge and a jury, for indictable offences, serious crime, and the maximum sentence is life without parole.

Criminal law provides an important function in society, ensuring that citizens who break the law are punished and held accountable for their crimes, providing justice to victims. This can also act as a deterrent to others, so it can put other people off committing the same crime.

This is balanced with ensuring fairness on behalf of the person who has committed the crime too.

This is achieved by having the criminal justice system with clear principles who ensure defendants receive a fair trial, are sentenced within clear guidelines, and receive rehabilitation alongside punishment.

So let's have a check.

How does criminal law provide justice and fairness to both the victim and the defendant? So sentences passed include punishment, which gives justice to the victim, but sentences must be applied using guidelines after a fair trial, which provides fairness to the defendant.

So for Task A, I'd like you to explain using an example the purpose of criminal law.

If you can, try to use the terms justice, deter and deterrence, or rehabilitate and rehabilitation.

Pause while you have a go at this task.

So, when explaining the purpose of criminal law, you may have included, "The purpose of criminal law is to make sure justice is served, protect society and stop people from committing crimes.

For example, if someone is caught shoplifting, they might be arrested by the police and taken to a magistrate's court, if the CPS decides to prosecute.

Here, they would be given an appropriate sentence.

This is done to deter them and others from stealing in the future.

Criminal law also aims to rehabilitate offenders by helping them understand their mistakes so they do not re-offend.

This way, the law keeps society fair and safe while giving people a chance to change." We're now going to look at, "Why do we need civil law?" So Jun is asking, "How is civil law different to criminal law?" So pause and have a think.

Civil law deals with disputes, so arguments between civilians, often to do with rights.

Sometimes a dispute between two people or groups of people may not involve the breaking of a law but may involve a violation of rights, so civil law deals with cases that fall under this category so that justice can still be served.

The purpose of civil law is to resolve disputes between individuals, businesses, or organisations, and provide damages, compensation, for any harm or loss that may have occurred.

So unlike criminal law, which punishes offenders, civil law focuses on righting a wrong, normally in relation to rights.

Civil law complements criminal law by allowing victims to seek justice when a crime hasn't taken place but rights have still been violated.

So for example, if someone is injured in a supermarket due to slipping on a wet floor, this would be negligence and criminal law might not necessarily apply but they could still claim for damages under civil law.

Let's have a check for understanding.

What word is missing from the end of this sentence? Civil law focuses on writing a wrong, normally to do with, what? And it's rights.

Civil law focuses on righting a wrong, normally to do with rights.

Civil law is also used to deal with family cases where decisions need to be made regarding things like divorce, custody of children, adoption, and prenuptial agreements, which are agreements made before two people get married to decide how their assets would be divided if they were to divorce in the future.

So let's have a look at an example.

So Mr. and Mrs. C are going through a divorce.

They both want full custody of their two young children and also ownership of their house.

A law hasn't been broken, people are allowed to get divorced, but there are clearly still disputes that need to be decided regarding custody of their children and who will live in their house.

This will be dealt with by civil law, with a family court listening to both sides of the case and deciding the most appropriate and fair action moving forward.

So these are some key features of civil law.

So civil law deals with disputes between people, often relating to rights.

The person or people who is accused is the defendant, and the person or people bringing the case is the claimant.

Civil cases are brought by the person or group who feel that they have been wronged.

And the purpose of civil law is to listen to both sides of the argument and reach a decision that ensures rights have been met and damages are awarded if they are needed.

And the outcome of civil law is to decide who is at fault.

Whereas with criminal law, it's deciding who is guilty and not guilty.

So let's have a check for understanding.

So you've got some missing words to find here.

So, "Civil law deals with something between people, often relating to rights.

The person or people who is accused is the defendant, the person or people bringing the case is the something.

The purpose of civil law is to listen to both sides of the argument and reach a decision that ensures rights have been met and something are awarded if needed." So pause while you have a go at this task.

So here are the missing words.

"Civil law deals with disputes between people, often relating to rights.

The person or people who's accused is the defendant, the person or people bringing the case is the claimant.

The purpose of civil law is to listen to both sides of the argument and reach a decision that ensures that rights have been met and damages are awarded if they are needed." So let's have a look at a potential civil law case study.

So Mr. D loans Mr. E 1,000 pounds.

Mr. D states that the loan was only ever intended to be short term and that Mr. E had promised to pay it back within three months.

Mr. E states that there was never a discussion about when the money would be paid back and that Mr. D actually said that he could just pay small amounts as and when he could.

So there's clearly a dispute there, a disagreement about what's happened with that money.

Mr. D might choose to bring a civil case against Mr. E.

A county court, a civil court, would listen to both parties and decide using the balance of probability what should happen next regarding the debt recovery.

Unlike criminal law, which requires proof beyond reasonable doubt when determining if someone is guilty, civil cases are decided on the balance of probability.

The main goal of civil cases is to compensate the victim rather than punish the wrongdoer, because a crime hasn't been committed.

Remedies include damages, so being awarded money, injunctions, so orders to stop a certain action, or specific performance, which might be forcing a contract to be honoured.

So for example, ordering a person to remove a tree from their garden that is restricting light from accessing their neighbor's property.

State what is meant by "the balance of probability" in a civil case.

So pause while you have a go at this check for understanding.

So the balance of probability is what is more likely to be true or right.

And we have different civil courts that hear different civil cases.

So we have the county court which deals with most civil disputes, including contract disagreements, personal injury claims, landlord and tenant disputes, and debt recovery.

And they handle cases up to 100,000 pounds, or 50,000 pounds for personal injury.

We then have high courts which deal with the more complex civil cases and really high-value cases that are over that 100,000-pounds mark.

And there are three divisions within this.

We have the King's Bench Division, which looks at serious personal injury or defamation.

We have the Chancery Division, which looks at things like wills, trusts, bankruptcy.

And we also have the Family Division, which looks at high-value divorce cases, for example.

We also have family courts that deal with cases like divorce, child custody and adoption, ensuring the welfare of children and fairness in family matters.

And we also have tribunals which handle specific disputes outside the normal court system, such as employment rights, immigration, housing issues, and matters relating to specialist education for children with special educational needs, or SEND.

We have the court of appeal, the civil division, which hears appeals from the high court and tribunals, reviewing cases where a defendant or claimant believes that a legal mistake was made.

And we also have the UK Supreme Court, which is the highest civil court in the UK.

It hears cases of national importance on issues like human rights, constitutional matters, and major legal disputes.

Criminal law and civil law work together to ensure society is fair, safe, and just.

Criminal law focuses on punishing offenders and protecting the public by dealing with crimes and ensuring justice is served.

Civil law helps individuals resolve disputes and seek compensation for harm that's been caused by others.

Even if someone is not guilty of committing a crime, they may still face a civil claim.

Together, criminal law and civil law create a balanced legal system preventing harm, protecting rights, and making sure that justice is a key feature of our society.

Let's have a check for understanding.

True or false? Civil law works against criminal law.

Is that true, is that false, and can you tell me why? And it's false.

Why? Civil law complements criminal law by ensuring that even if someone is not guilty of committing a crime, they may still face a civil claim if rights have been violated.

For Task B, I'd like you to evaluate using an example the value that civil law brings to our law and justice system.

Your answer should refer to citizens' rights and include at least one example of a potential civil rights case.

When evaluating the value that civil law brings to our law and justice system, your answer may have included, "Civil law is really important in our law and justice system because it helps protect people's rights and solve disputes fairly.

It makes sure that when people disagree or if there has been a violation of rights, they can take legal action to get a fair and just outcome.

For example, if one neighbor's tree is blocking sunlight from another's garden, the affected neighbour, the claimant, can take them to court to ask for the tree to be cut back.

This helps stop arguments from escalating and ensures that both sides are treated fairly.

Without civil law, people would struggle to defend their rights, and small problems could turn into much more serious conflicts." So in summary of the lesson, "Why do we need criminal and civil law?" Criminal law is essential for keeping society safe, ensuring justice and deterring crime.

It sets clear rules on what is illegal, punishes offenders fairly, acts as a deterrent, and provides justice for victims. Criminal law ensures there are clear consequences when law is broken.

Civil law helps resolve disputes fairly and ensures justice when people's rights are affected.

It covers issues like neighbour disputes, family issues, and employment rights, ensuring that individuals and businesses are held accountable.

Without civil law, people could struggle to defend their rights.

That brings us to the end of this lesson, well done for all your hard work, and I hope to see you back for more Citizenship lessons in the future.