LEVELS OF OFFENCESCriminal offences are handled differently depending on the seriousness of the crime.

Levels of Offences

The type of offence has a bearing on:• Custody issues• Bail requirements• Trial procedures• Sentencing

The Criminal Code of Canada clearly indicates whether a crime is classified as an indictable, summary or hybrid offence.

1. Summary Offence• A minor offence with a relatively light penalty• Dealt with quickly and simply by the courts

• Examples:• Public nudity • Trespassing• Loitering• Causing a disturbance in a public place• Cruelty to animals

2. Indictable Offence• Much more serious crime and carries a heavier penalty

than a summary offence• Penalties range from 2 years to life imprisonment• Some indictable offences have a minimum penalty• Examples:

• 4 years for robbery where a firearm is used• 10 years for 2nd degree murder• Life imprisonment for 1st degree murder

3. Hybrid Offence• Offence may be treated as a summary or indictable

offence• It is the Crown who determines how the offence will be

treated• Until a charge is laid in court, a hybrid offence is usually

considered an indictable offence (give the Crown and police more leeway)

Factors used when considering how to classify a hybrid offence:• The circumstances surrounding the crime• The accused’s criminal record • Value of items involved• Did the crime involve any violence or weapons? If it did, it

is usually indictable

Distinguishing Between Summary and Indictable Offences

Summary Indictable

Limitation Periods

Prosecution

Pre-trial Procedure

Type of Court

Presence of Accused

Penalties

Criminal Record