What is the Difference Between Summary and Indictable Offences?

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:

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.