What are the differences between Indictable and Summary Conviction Offences

Criminal offences in Canada are divided into three unique categories. If you’ve been charged with a crime, depending on the circumstances, your case will either be classified as a summary conviction offence, indictable offence, or hybrid offence. Each classification is unique and has its own legal path to follow as it pertains to how a case is to be tried and what the minimum and maximum penalties are to be.

Let’s take a look into how they compare between an indictable offence vs. a summary conviction offence.

 

What Is an Indictable Offence?

An indictable offence is a very serious offence, as outlined in the Criminal Code of Canada. They can be accompanied by a preliminary hearing.

If charged with an indictable offence, the person being charged is allowed to decide what trial mode they wish to have applied to their case. They can opt for a trial in the Ontario Court of Justice before a judge alone, a trial in the Superior Court of Justice before a judge alone, or a trial in the Superior Court of Justice before a judge and jury.

Your criminal defence lawyer will advise, after reviewing your case, which trial mode is most beneficial.

 

Common Indictable Offences

• Murder: This is the most well-known indictable offence. It is subcategorized into first-degree or second-degree murder and manslaughter, each with different penalties attached.
• Aggravated assault: This is a type of assault where a perpetrator intentionally inflicts grievous bodily harm on another person leading to life-threatening injuries or permanent disfigurement.
• Robbery: This is to take another person’s property with the use or threat of violence.
• Arson: This is to deliberately set fire to property for a malicious purpose, referring to buildings, vehicles, land, and other types of property.
• Kidnapping: Under the Criminal Code of Canada, kidnapping is defined as forcibly seizing and detaining a person against their will. These cases are varied and include cases with ransom demands as well as other types, such as parental abductions.

 

What Is a Summary Conviction Offence?

A summary conviction offence comes with lighter penalties, such as fines or imprisonment with a maximum term of six months.

Albeit interpreted as less severe, summary conviction offences are still breaches of the law and, if a person is found guilty, will result in a mark on one’s criminal record. In some circumstances, DUI charges and charges of sexual assault can be processed under a summary conviction offence. The resulting record can prevent entry into certain countries and limit your ability to travel internationally, and has significant negative consequences on your personal freedoms and professional opportunities.

Summary offences are always dealt with  at the provincial level.  There are two types of summary offences.  Straight Summary Offences and Super-Summary Offences

If you are facing a summary conviction offence, it’s still essential to contact a criminal defence law office to ensure you are informed of your rights and how to move forward as you navigate what can be a problematic future with such a conviction on record.

 

Straight Summary Conviction Offences

Straight summary offences are limited to a prison sentence of six months and a fine of up to $5,000.  These are considered the least serious offence in the criminal justice system.  Typical offences include:

• • Causing a Disturbance: This typically involves causing a disturbance in a public setting, such as a physical fight or verbal conflict in a nightclub, restaurant, shopping mall, or on a public street.

• Nudity:  When an individual is nude whether in a public place or in their residence while being viewable from a public location;

• Transportation Fraud: This is when a person travels on some form of a paid form of transportation such as a bus, or train, and fails to pay for the ride.
• Trespassing at Night:  This is when a person is found on another person’s property without reasonable excuse after 9pm and before 6am.

 

Super Summary Conviction Offences

These are a beefed up version of a straight summary offence where the penalties are also higher than straight summary offences.  In super-summary offences the maximum amount of jail a person may receive is 18-months.  Most, if not all, super-summary offences are also considered Hybrid Offences.

 

Understanding Hybrid Offences in Canada

The majority of crimes are considered hybrid offences. Whether a case is able to be classified as a hybrid offence is a decision to be made by the Crown prosecutor. They will decide whether to prosecute as a summary conviction offence or indictable offence.

Key factors into how a hybrid offence is to be tried include the severity of the crime, the accused’s criminal history and prior crimes, and a case’s specifics.

DUIs or impaired driving is an excellent example of a hybrid offence. The severity and circumstances surrounding a DUI are what determine whether it’s an indictable offence or summery conviction offence, such as the amount of alcohol or drugs consumed by the driver prior to the incident.

Sexual assault is another area of the law where an offender can be charged by an indictment or proceed summarily.

Section 271 of the Canada Criminal Code states that someone who commits a sexual assault is guilty of either:

• an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
• an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

 

Court Proceedings: Indictable Offence vs. Summary Conviction Offence

How court proceedings occur varies significantly for each type of offence.

With an indictable offence, there may be the opportunity to have a  preliminary hearing to determine if there is enough evidence to have a trial or to determine other pre-trial issues.

One of the elements for when a person has the right to a preliminary inquiry for an indictable charge is when the maximum penalty proposed for a crime is 14 years or more of incarceration. In this hearing, your legal team will review and evaluate the evidence submitted against you. The purpose of this act is not to determine if you are guilty or not guilty but simply if there is enough evidence to proceed to a trial.

From there, when the Crown elects to proceed by indictment, a case will progress to trial. To get to a trial, this may take months or even years.

Compare this to a summary conviction offence wherein these are resolved in a much shorter timeframe. A summary conviction benefits both the accused and the Ontario court system as it does not drag out the case any longer than is absolutely necessary. With a summary offence, a person is notified of when they’re expected to appear in court. As it’s a summary conviction offence, it also means it will automatically remain in the provincial courts and not progress up to the superior court level.

Contact an experienced criminal defence lawyer if you are facing charges. Do not go into court proceedings alone.

 

How These Types Of Offences Impact Criminal Records

The penalties for an indictable offence are understandably harsher than a summary conviction. A summary conviction might result in community service, fines, and short-term imprisonment. An indictment carries penalties such as substantial fines and lengthy imprisonment.

The long-term implications of said penalties are in reference to their inclusion on a person’s criminal record.

It’s important to note that any type of conviction – indictment or summary – will end up on one’s criminal record but there is a key difference comparing indictable offences vs. summary conviction offences worth noting.

Some indictable offences will remain on a criminal record indefinitely as they are ineligible for a record suspension (formerly known as pardons).  Others will remain until a record suspension is granted, however, record suspensions  can be difficult to acquire for these crimes. A summary offence is usually tied to minor infractions on which record suspensions are a lot easier to acquire. This means that should a case be processed as a summary offence, it is more likely that the negative consequences to employment, travel, and other areas of your life can be better mitigated and limited.

The key difference between a summary conviction and indictable offence is the eligibility for when you can obtain a record suspension.  For a summary conviction offence, you are eligible to apply for a record suspension five (5) years from the end of your sentence, whereas with an indictable offence it is ten (10) years.  However, it is not as simple as it may seem.  Additional factors such as the length of time a person spends in jail, on probation, or on a conditional sentence add to the eligibility period.  For example, if you receive a 30 day jail sentence because it is your second DUI and you receive a one (1) year period of probation and the Crown has elected to proceed summarily, your eligibility to apply for a record suspension is not five (5) years, it would be 6 years and 30 days.

If you have been charged and convicted summarily of an offence, such as a DUI or sexual assault, talk to a lawyer. They can advise on the criteria for a record suspension and how to apply for a pardon to ensure your criminal record is being properly managed.

 

Hiring The Right Ontario Lawyer Can Help Your Case

Whether you have an indictable offence or a summary conviction offence in front of you, an experienced Ontario lawyer at Kruse Law Firm can assist you with understanding the implications of the charges, defend your rights in the court of law, and work to reduce penalties or avoid conviction altogether depending on the circumstances of your case.

We specialize in sexual assault cases, impaired driving,DUIs, all driving offences (such as dangerous driving, failing to remain, flight from police, and driving while disqualified), and more. These charges can impact you for the rest of your life. Don’t let an accusation or a conviction follow you around in perpetuity and permanently damage your reputation in the eyes of others. When you hire a lawyer at the Kruse Law Firm, we will listen to your case, investigate the details, and advise you on the best option to take.

Our legal team has represented clients accused of impaired driving to crimes of sexual assault, domestic assault, assault, uttering threats, mischief, criminal harassment, theft, fraud, and other crimes. Let us help you through the court process and secure for you the best possible outcome based on the facts of your case.

Don’t be intimidated by an indictable offence or summary conviction offence. Let us see the facts.

If you are searching for legal help in Ontario, reach out to the team at Kruse Law Firm for a free consultation.

 

Frequently Asked Questions

Will my defence strategy change depending on if it’s an indictment or summary offence?

Your defence strategy relies entirely on what’s best based on the unique details of your case. The right path forward can take many twists and turns. It may involve settling out of court or pursuing a trial. Regardless, consult with a legal professional to ensure you are protecting your rights and making the correct choices. Don’t underestimate the impact a summary conviction offence can have either. A lawyer is your best guide in the face of any criminal charge.

 

Why is retaining a lawyer for an indictable offence or summary offence important?

An experienced lawyer can help you understand the charges against you, protect your rights in the face of a complex criminal justice system, and help you avoid making key mistakes that could jeopardize your case. A skilled Ontario lawyer will also be able to determine if plea negotiations are a possible avenue to take. If not, your legal team plays a key role in preparing you for trial and submitting the strongest possible defence as they gather and compile evidence in your favor.

 

Can I appeal the verdict for an indictable offence vs summary conviction offence?

Yes, if you are convicted of either type of offence, it is possible to file  an appeal. Appeals for indictable offences are heard by the Court of Appeal in the province where the case was heard when the original trial was held in the Ontario Superior Court of Justice. Similarly, appeals for summary conviction offences and indictable offences first heard in the Ontario Court of Justice are heard in the Ontario Superior Court of Justice. Should you believe an appeal is best, discuss the possibility with your criminal defence lawyer. They can provide realistic expectations on what an appeal may be able to achieve and how to move forward.