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

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Presentation transcript:

LEVELS OF OFFENCES Criminal 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 2 nd degree murder Life imprisonment for 1 st 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 SummaryIndictable Limitation Periods Prosecution Pre-trial Procedure Type of Court Presence of Accused Penalties Criminal Record