What is the Difference Between Summary and Indictable Offences?
🆚 Go to Comparative Table 🆚The difference between summary and indictable offences lies in the severity of the crime and the court process. Here are the key differences:
Summary Offences:
- Generally less serious in terms of the type of crime and the sentence or penalty.
- Examples include minor drunk driving offences, offensive language, minor drug possession, minor speeding offences, common assault offences, and minor traffic offences.
- Summary offences carry a maximum prison sentence of two years or a maximum fine of $5,000, or both.
- Heard in the Magistrates' Court by a magistrate, rather than with a judge and jury.
- Police officer cannot arrest someone for a summary offense.
Indictable Offences:
- More serious crimes with more serious sentences.
- Examples include aggravated burglary, indecent assault, drug trafficking offences, manslaughter, and murder.
- Indictable offences generally carry a maximum penalty greater than 2 years imprisonment.
- Heard in a higher court, such as the Supreme Court or District Court, with a judge and jury.
- Require the accused to be present at hearings in the court.
In Canada, offences are categorized as either "summary", "indictable", or "hybrid". Hybrid offences are a mix of summary and indictable offences, and the Crown can choose whether to treat the offence as a more serious indictable offence based on the circumstances. The class of offence dictates the seriousness of the offence and influences the level of court, sentencing, and appeal routes.
Comparative Table: Summary vs Indictable Offences
Summary and indictable offences are two types of criminal offences that differ in terms of their seriousness, legal procedure, and potential punishments. Here is a table summarizing the differences between the two:
Summary Offences | Indictable Offences |
---|---|
Less serious offences | More serious offences |
Examples include drink driving, indecent exposure, and offensive language | Examples include murder, robbery, and sexual assault |
Must be dealt with in the Local Court | Gives the prosecutor and the accused the option to elect for it to be heard in the District Court, in front of a jury |
Prosecuted by a police prosecutor | May be eligible for a preliminary hearing |
Maximum penalty of two years imprisonment or a maximum fine of $5,000, or both | Penalty can be up to life imprisonment, which is 25 years |
Simplified procedure, faster processes, and less severe punishments | May involve a trial with a judge and jury in the District Court |
A police officer cannot arrest someone for a summary offense | Some offences can be tried as either summary or indictable offences, known as hybrid offences |
In summary, indictable offences are more serious and carry heavier penalties compared to summary offences. The legal procedures and potential punishments for each type of offence vary accordingly.
- Crime vs Offence
- Summary vs Precis
- Summary vs Conclusion
- Abstract vs Summary
- Summary vs Executive Summary
- Offense vs Offence
- Adjudication vs Conviction
- Determinate vs Indeterminate Sentencing
- Magistrates Court vs Crown Court
- Crime vs Delict
- Charged vs Convicted
- Felony vs Misdemeanor
- Summary vs Synopsis
- Conviction vs Sentence
- Jury vs Grand Jury
- Civil vs Criminal Court
- Summary vs Analysis
- Juvenile Court vs Criminal Court
- Summary vs Summation