Summary conviction offence and indictable offence are the two major classes of criminal offences in Canada. Any person who goes through the criminal justice system should know what the differences are between these two classes. The classification of an offence will decide upon the type and severity of the punishments imposed, the court procedure to be adopted, and also the rights available to the criminal. These will include minor summary offences and serious, punishable indictable offences.
Characteristics of Summary Offences
Summary offences are minor infractions that are usually handled in an effective and swift manner through the justice system. Most of the time, there is a more minor sentence given for these offences, such as a fine or very short-term jail time, usually no longer than six months. The common examples of summary offences are petty theft, public disturbance, and minor traffic violations. Summary offences are normally tried in the provincial or territorial courts since they are not so serious, and hence a simpler procedure is applied to give a judgment earlier. This efficiency benefits both the court system and the accused by avoiding the emotional and financial stress that may be part of longer, more involved court cases.
Nature of Indictable Offences
Indictable offences, on the other hand, are thought of as the more serious in nature and may carry great penalties extending to imprisonment for lengthy sentences. Harsher punishment reflects the gravity of the offence, which could be as serious as assault, murder, and robbery. The general practice is that the fact that indictable offences go to the higher courts, usually to the Superior Court of Justice, where the procedure is more formal and complicated. Added to this is the fact that the accused has a right to elect between a trial by judge alone or by jury. This makes the process even more cumbersome given the nature of charges, and would merit a wider legal approach best handled by a competent criminal lawyer who can assist in such proceedings.
Limitations on Prosecution
Of all the differences between the two classes of offences, the restrictions imposed on the laying of prosecutions are perhaps the most noteworthy. The summary offences are to be prosecuted within six months from the commission of the offence, while the indictable offences do not have a specified limitation period. Hence, suspects of graver offences may face charges long after the alleged incident, therefore complicating the defense strategies. Because no limitation period exists for indictable offences, the justice system is not precluded from pursuing accountability through the courts even when some significant time has elapsed from the commission of the offence.
Trial Procedures and Formalities
In terms of trial procedures and formalities, the proceedings for summary offences are typically less formal than those for indictable offences. In contrast to this, the summary offences do not have any preliminary inquiries. These are court procedures where a judge can say whether or not there is enough evidence to send the case to trial on indictable offences. This contributes much to the shorter disposition of the summary case, saving the individual from the lingering court appearances and therefore less stress. However, this is also the case when those accused of indictable offences are facing stricter legal proceedings, which would invariably involve pre-trial motions, discovery, and other procedural preparations.
Consequences of Conviction
The result of a criminal conviction also differs in relation to summary and indictable offences. A conviction by a summary offence may give rise to a criminal record, but the consequences are usually not that serious as compared to results affiliated with the conviction of an indictable offence. Those convicted of an indictable offence may face long-term consequences while seeking jobs, housing accommodation, or even traveling out of the country. The added sting of a criminal conviction in an indictable offence can haunt a person for many years with significantly impacted secondary effects on his or her life and possible opportunities. A criminal lawyer may help expunge an offence from your record.
There is a big difference in Canada between summary and indictable offences; this impacts many facets throughout the respective processes. Knowing the differences is the key to coping with criminal justice for either the accused person or any concerned party. Everything from trial procedures to possible punishments is controlled by the offence classification type.
