There are various types of criminal offences in many legal systems including those of Canada. Summary conviction offences and indictable offences are two types of offences with distinct elements. Differentiating between the two is significant because it has implications for court proceedings, severity of punishment and various other factors.
A summary conviction offence is a less serious type of offence whereas an indictable offence is a more serious type of offence.
The main differences between these offences include:
- The gravity of the offence.
- The nature of the court process engaged.
- The prospective penalties after conviction.
- The effect on an individual’s criminal record.
Although the distinction may seem simple, there are certain offences, outside an actual crime, which can be classified into a third category, hybrid offences whereby prosecutors are given a choice of whether to process the case summarily or indictably.
What Is a Summary Conviction Offence?
As per my experience summary conviction offence means a less serious criminal offence, which is usually dealt with in a more expeditious and less complex manner. Such cases are normally heard by a provincial court judge alone, without the need for a jury. The procedure is ‘scheduled to be completed in less time than a comparable indictment’.
Examples of summary conviction offences may include:
- Mild theft off days (in general)
- Some offences Against public order.
- Some light varieties of assault.
- Less harmful property offences.
Punishments for summary conviction offences are likely to be less severe than those for indictable offences. Penalties in certain instances may comprise fines, probation or short terms of imprisonment.
The defendant in a summary conviction is entitled to certain rights and protections, such as a trial, or in some cases trial by a magistrate, legal representation, and opportunity to contest the charge. Although summary conviction offences are less serious than indictable ones, a conviction results in a criminal record and can have an impact on a person’s employment, travel and other aspects of life.
What Is an Indictable Offence?
An indictable offence is where the alleged offence is much more serious and therefore will have a more severe punishment. The process will also be more complicated with the possibility of a court being higher than other trials. The option is given to choose how the trial will be held on occasion.
Examples of indictable offences may include:
- Rephrase serious assault offences.
- Significance of the offence of theft or fraud. Serious theft or fraudulent offences.
- Some sexual offences.
- Major property crimes.
The effects of an indicator can be severe. Offences committed on indictable will generally carry higher maximum penalties, and in some cases, longer terms of imprisonment. The nature of the crime, the setting in which it was committed and the criminals’ past record all have an impact on the final sentencing.
Where the charge is indictable, the legal process may be more involved as there will be greater consequences for the defendant. The defendant may be more inclined to go through a more formal trial, and there may be more hearings, witnesses and legal arguments.
Key Differences Between Summary and Indictable Offences
The difference between summary conviction and indictable offences will be more serious things.
Important differences include:
Severity: Summary crimes are considered more lightweight in nature compared to indictable offences.
Court process: summary offences generally entail a less formal process compared to indictable offences.
Trial method: Summary cases are usually heard by a judge only. Indictable cases may be heard by a judge and jury or a judge alone depending on the offence.
Penalties: More serious than summary offences are indictable offences.
Long term impacts: Both the indictable and summary convictions can both lead to having a criminal record, but having a conviction for an indictable offence is likely to cause more difficulties.
The offence committed will even decide how fast the case might be decided and what defence may be available for the accused.
What Are Hybrid Offences?
Certain criminal offences are designated as hybrid offences or section 551. This designation implies that such an offence can be a summary conviction offence or an indictable offence. It is the prosecutor who shall determine whether the offence will be summoned, by way of ordinary procedure, or by indictment.
Examples of considerations when deciding how to proceed may include:
- The damage level.
- The fact situation of the alleged offence.
- His record of crimes.
- Public interest factors.
Depending upon whether the case is to be dealt with as a summary conviction matter or an indictable offence the accused will be liable to a less or more serious criminal process with the potential for a more serious penalty.
A feature of hybrid offences is that they make it possible for the system to be adaptable. This is because prosecutors may cater for various scenarios.
Why the Difference Matters for Individuals Facing Charges
Why is it important to differentiate summary conviction from an indictable offence? An offender should know the classification of the offence because of the implications related to each.
A conviction of either type can have effects beyond the courtroom. A criminal record may impact:
- Aims and objectives of the project.
- Future employment prospects.
- Immigration- or travel that’s what it’s all about.
- Payment of professional licensing.
- Circumstances-personal and financial.
Being classified by law as an offence does not make a person guilty or not guilty. All accused persons have a right to have their matter heard within the law. The appropriate finding is on the evidence and law.
Knowing what is meant by a summary conviction and an indictable offence enables a person to better the nature of the administration of justice and the procedure imposed and punishment inflicted by the law.
Facing criminal charges in Caledon? Our experienced Caledon Criminal Lawyers provide strategic defence, protect your rights, and guide you through every stage of the legal process.
