Important factors include whether the accused has a previous criminal history, the circumstances of the alleged offence as well as the level of harm for instance, the presence of bodily injury or worse. Examples of hybrid offences include impaired driving, being the most common criminal offence in Canada , theft, assault, etc. It is completely up to the prosecutor to decide how to proceed on a hybrid offence so that two identical crimes committed by different persons might be tried differently.
It is also not uncommon for the Crown to elect to proceed by indictment because of the expiry of the month limitation period from the moment the offence was committed as presumed for summary action.
Whether the Crown decides to proceed summarily or by indictment, these proceedings will result in the creation of a criminal record in the Canadian Police Information Centre CPIC. At the same time, those interested in the suspension of their criminal records will have to follow a different path when applying for a Canadian Pardon, depending on whether their case was prosecuted summarily or by indictment.
In the first place, it is critical to know whether the case was tried as a summary or indictable one, which is especially important for hybrid offences. About the Author Eugene Ohotnikov is a Research Analyst with Pardon Applications of Canada and legal copywriter on a broad array of subjects including family law, estate planning, immigration, taxation, real estate, conveyancing, startups, and more.
Contact Pardon Applications of Canada via Hit enter to search or ESC to close. Summary Offences This type of offence includes minor violations of the Criminal Code of Canada , which can be resolved without a jury or indictment. Indictable Offences This category of offences includes the most serious crimes.
Waiver FAQ. Going to Court. Court Decision. Consequences of a Criminal Record. If You Are Convicted of a Crime. Youth Justice. Family Members or Friends. Services and Resources. There are three different kinds of offences. Summary Offence A summary conviction offence is the least serious kind of criminal offence under Canada's Criminal Code.
Here is some information that you should know if you charged with committing a summary offence. Alternative measures can be considered for less serious summary offences. Trials are held before a judge in the Provincial Court. Police cannot take your fingerprints. As an adult, you may apply to receive a record suspension three years after you complete your sentence.
Indictable Offence Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments. Here is some information you should know if you are charged with an indictable offence. Depending on the offence, you could receive a penalty as high as life in a correctional centre. For most indictable offences, you will have a choice called election to have a trial with a Provincial Court judge, a B.
Supreme Court judge alone or B. Supreme Court judge with a jury. Some trials are held only in specific courts. For instance, trials for some indictable offences are always held in Provincial Court. For these offences, you do not have a choice. For other indictable offences, such as first-degree murder, you must have a trial with a B.
Supreme Court judge and jury. Hybrid Offence With a hybrid offence, Crown counsel must choose whether to treat the matter as a summary offence or an indictable offence. Here is some information you should know if you are charged with a hybrid offence. Common examples include drink driving , indecent exposure and offensive language. Summary offences are the most common types of criminal matters, and are dealt with by magistrates in the Local Court, and prosecuted by a police prosecutor.
The maximum penalty for a summary offence heard in the Local Court is two years imprisonment. Table 1 offences will ordinarily be dealt with in the Local Court. In rare circumstances, they may be heard in the District Court, but this would usually only occur if a defendant is also charged with further more serious offences that must be dealt with by the District Court. Table 2 offences will be dealt with in the Local Court unless the prosecution elects to have the matter heard in the District Court.
These offences are considered less serious than Table 1 offences, and therefore the accused cannot make this election. We have over 55 years of experience in successfully defending charges at every level of the criminal justice system. Summary, Indictable and Table Offences. Criminal offences are usually divided into two types: summary and indictable.
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