One question people often ask is about the difference between summary and indictable offences.
In Canada, as in other countries, summary offences are considered less serious than indictable offences. They are punishable by less severe sentences and smaller fines.
This blog will outline the main differences between the two types of offence, including the sentencing powers given to the courts.
Summary offences
Summary offences are generally categorized as less serious. They are sometimes referred to as petty crimes.
According to section 787 of the Criminal Code, the maximum punishment a person convicted of a summary offence is a fine of $5,000 and/or a prison sentence of up to two years less a day.
In some cases, courts can decide to implement alternative measures. For example, a suspended sentence, community service, or compensation for damages.
Trials for summary offences are held before a judge in a Provincial Court. Police cannot take your fingerprints if you are charged with a summary offence.
Summary offences will remain on your criminal record for life; however, you can apply to have them wiped off a certain amount of time after finishing your sentence. To find out more see our page about record suspensions.
Some examples of summary offences in Canada include disturbing the peace and soliciting prostitution.
Indictable offences
Indictable offences are the most serious under the Criminal Code and they carry more severe punishments.
The maximum penalties vary according to the crime, but they go all the way up to life in prison.
Some examples of indictable offences include theft over $5,000, breaking and entering, sexual assault and murder.
Whereas summary offences are only held before a judge, most indictable offences can be decided either by a judge or a jury. Some indictable offences, such as first-degree murder, can only be decided by a jury.
If you are charged with an indictable offence, police are entitled to take your fingerprints.
Indictable convictions remain on your criminal record for life.
Hybrid offences
There are very few “pure” summary and indictable offences. Instead, the vast majority of crimes in Canada can be pursued as one or the other.
It is up to the Crown to decide if it intends to treat a matter as a summary or an indictable charge. The Crown’s choice reflects the seriousness of the alleged offence.
How the Crown decides or elects to treat the offence generally depends on the seriousness of the allegations, the accused’s previous criminal record, the complexity of the case, and the public interest.
The Crown’s decision to elect either a summary or indictable process will determine who will determine the verdict (a judge or a jury) as well as the severity of the punishments available to the Court.
Whether you have been charged with a summary, indictable or hybrid offence, you need to hire a lawyer.
Call Acumen Law Corporation today to find out how we can help.