Criminal law is based on public law and the state is part of the proceedings against the accused person. The criminal law comes into operation when an offense has been committed and the state initiates a prosecution against the accused. Thus, it is the state’s case against the accused and criminal law in relation to English law is seen as an effective way of dealing with certain conducts which are seen as wrong and violate the prescribed norms in society. The purpose of this law is to punish the accused if found guilty for the sake of protecting the interests of the citizens as well as the society.On the other hand, the major notable difference between criminal law and civil law is that l law falls under the private law which specifically deals with legal relationships between subjects (Kleyn amp. Viljoen 2002). These subjects in civil proceedings are relatively on the same footing ground with each other and the role of the state is just to facilitate the delivery of justice. Civil cases often involve family law, tort or contract laws which do not warrantee punishment upon conviction but compensation is preferred as a way of granting remedies that can be used on a disputed legal position (Kleyn amp. Viljoen 2002). In a civil case, it is the plaintiff versus the defendant contrary to criminal case as explained above and the parties involved in a civil case decide whether they want to initiate proceedings while in a criminal case, the state initiates prosecution.2. Common law which is also known as case law which is a law that has been developed a case by case in the courts (Du Plessis 1999). The English legal system is a common law at its best and is a living law that was developed in the court decisions and adapted to practical purposes.
The English Legal System Contracts of Employment