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In British Columbia there are 3 main types of criminal offences. They are (1) strictly summary conviction offences, (2) strictly indictable offences, and (3) hybrid offences. These 3 types of offences are set out in the Criminal Code of Canada. Purely summary conviction offences The list of summary conviction offences is set out in section 553 of the Criminal Code. These are the most minor charges equated to indictable and hybrid offences. Examples include theft (under $5,000) and mischief charges. Purely indictable offences Indictable offences are the most severe criminal offences. These offences are set out in division 469 of the Criminal Code. Examples of indictable offences include murder and treason. Hybrid offences Hybrid offences are all those not listed in either division 553 or 469 of the Criminal Code. The majority of criminal offences in Canada are hybrid. What hybrid offence means is the prosecutor may choose whether to classify an offence as summary conviction or indictable. How a charge is classified determines how a charge is processed through the criminal court system. Process: summary conviction vs. indictable The two main deviations are (1) the greatest or most complete or best possible punishments, and (2) the court process. When the prosecutor has the option to choose (i.e. hybrid offence), the summary conviction greatest or most complete or best possible punishments are often times less severe than indictable classification. For example, an impaired driving charge (aka operating while impaired) is a hybrid offence where the prosecutor may choose to carry on summarily or by indictment. As an indictable offence, the greatest or most complete or best possible punishment is 5 years in jail; as a summary conviction offence, the greatest or most complete or best possible punishment is 18 months. Another divergence is the court process. In British Columbia, criminal cases are processed and heard provincial courts and supreme courts. All tryouts in Provincial Court are heard by judge alone, whereas tryouts in Supreme Court may be heard by a judge alone or judge and jury. Purely summary conviction offences (those listed in section 553 in the Criminal Code) are processed and heard only in Provincial Court. This means that an accused doesn’t have the option for a jury or a preliminary inquiry. If a charge is a hybrid offence, and the prosecutor classifies it as indictable, then the accused may choose whether to have the case processed and heard in Provincial Court or Supreme Court. The main divergence with Supreme Court is the option for a jury and preliminary inquiry (a pre-trial hearing where the prosecutor presents proof to the court to determine whether there is sufficient proof to carry on versus the accused). If the prosecutor chooses to classify and proceed by indictment (i.e. indictable offence), then the accused chooses whether to have the case heard in Provincial Court or in Supreme Court by judge alone or judge and jury. Purely indictable offences (those listed in division 469 of the Criminal Code) are processed and heard only in Supreme Court. The default trial mode is judge and jury; however, if the accused and prosecutor consent, the trial may be heard by judge alone. That sets out the 3 types of criminal offences in British Columbia. |
