Levels Of Offences
Published on May 26, 2017
These notes will help you to understand how different offences are classified within our criminal justice system according to the seriousness of the crime committed.
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
Summary Conviction Offences
- A minor offence that carries a light penalty.
- Punishment and procedure is generally less onerous.
- Punishment Maximums: $5000 and/or 6 months in prison
The Criminal code states whether a crime is classified as a summary conviction offence.
A summary conviction offence is a less serious offence and this should make sense based on the definition of the word summary.
If I asked you to provide a summary of a book you read, you would give me a brief response that focuses on key points.
A summary conviction offence is the least serious kind of criminal offence under Canada's Criminal Code. It is also known as a "petty crime", for example, disturbing the peace.
These offences usually carry a maximum punishment of six months in jail or a $5,000 fine.
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.
A summary conviction offence is a less serious offence and this should make sense based on the definition of the word summary.
If I asked you to provide a summary of a book you read, you would give me a brief response that focuses on key points.
A summary conviction offence is the least serious kind of criminal offence under Canada's Criminal Code. It is also known as a "petty crime", for example, disturbing the peace.
These offences usually carry a maximum punishment of six months in jail or a $5,000 fine.
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.
Photo by 427
Indictable Offence
- An offence which, in Canada, is more serious than those which can proceed by summary conviction.
- The Canadian equivalent to the USA "felony".
- The way an indictable offence is tried differs according to the severity of the sentence.
Indictable offences are more serious offences and include theft over $5,000, break and enter, aggravated sexual assault and murder. Maximum penalties for indictable offences vary depending on the severity of the offence
Some indictable offences have minimum penalties. For example the minimum penalty for murder is life in prison.
For most indictable offences, you will have a choice (called election) to have a trial with a Provincial Court judge, a B.C. Supreme Court judge alone or B.C. Supreme Court judge with a jury.
Some indictable offences have minimum penalties. For example the minimum penalty for murder is life in prison.
For most indictable offences, you will have a choice (called election) to have a trial with a Provincial Court judge, a B.C. Supreme Court judge alone or B.C. Supreme Court judge with a jury.
Photo by Colourless Rainbow
Untitled Slide
Here is a comparison of some of the key distinctions between Summary Offences and Indictable Offences
Hybrid Offence
- Crown can decide to try the accused either through summary conviction or by indictment.
- Criminal code is clear when an offence is hybrid.
- Always treated as indictable until charges are laid in court
With a hybrid offence, Crown counsel must choose whether to treat the matter as a summary offence or an indictable offence. This is called the Crown election. How the Crown decides or elects to treat the offence generally depends on how serious the offence is.
If Crown counsel chooses (elects) the summary process, then the trial will be in Provincial Court.
If Crown counsel chooses (elects) the indictable process, in most cases you will have a choice whether to proceed in Provincial Court or B.C. Supreme Court.
The Crown election will also determine the maximum penalty for the offence.
Some types of hybrid offences (called absolute jurisdiction offences) will always proceed in Provincial Court, whether the Crown chooses to treat the offence as summary or indictable. An example is theft under $5,000.
If Crown counsel chooses (elects) the summary process, then the trial will be in Provincial Court.
If Crown counsel chooses (elects) the indictable process, in most cases you will have a choice whether to proceed in Provincial Court or B.C. Supreme Court.
The Crown election will also determine the maximum penalty for the offence.
Some types of hybrid offences (called absolute jurisdiction offences) will always proceed in Provincial Court, whether the Crown chooses to treat the offence as summary or indictable. An example is theft under $5,000.
Photo by davocano
Example - Hybrid Offence
- Section 168 Criminal Code
- Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.
If someone committed the hybrid offence mentioned on the slide they could face either a summary conviction offence or an indictable offence.
Example Summary ->
Sent sexually explicit content through the mail to one person.
Example Indictable -> A person takes pictures of dead people and is sending them to many people through the mail .
FYI:
Scurrilous (skur-a-less)- making or spreading scandalous claims about someone with the intention of damaging their reputation.
Example Summary ->
Sent sexually explicit content through the mail to one person.
Example Indictable -> A person takes pictures of dead people and is sending them to many people through the mail .
FYI:
Scurrilous (skur-a-less)- making or spreading scandalous claims about someone with the intention of damaging their reputation.
Photo by Oran Viriyincy
Untitled Slide
This slide shows how the 3 types of offences are linked
