In British Columbia there are 3 major forms of prison offences. They are (1) purely summary conviction offences, (2) purely indictable offences, and (3) hybrid offences.
These 3 forms of offences are established out in the Felony Code of Canada.
Purely summary conviction offences
The listing of summary conviction offences is established out in segment 553 of the Prison Code. These are the most slight rates compared to indictable and hybrid offences. Examples contain theft (below $5,000) and mischief prices.
Purely indictable offences
Indictable offences are the most serious criminal offences. These offences are set out in part 469 of the Legal Code. Examples of indictable offences consist of murder and treason.
Hybrid offences are all all those not outlined in possibly part 553 or 469 of the Criminal Code. The greater part of criminal offences in Canada are hybrid.
What hybrid offence usually means is the prosecutor can select whether to classify an offence as summary conviction or indictable. How a cost is classified establishes how a charge is processed by the criminal court method.
Process: summary conviction vs. indictable
The two principal discrepancies are (1) the highest punishments, and (2) the courtroom method.
When the prosecutor has the selection to pick out (i.e. hybrid offence), the summary conviction greatest punishments are frequently much less intense than indictable classification.
For illustration, an impaired driving charge (aka operating although impaired) is a hybrid offence wherever the prosecutor can select to carry on summarily or by indictment. As an indictable offence, the utmost punishment is 5 years in jail as a summary conviction offence, the optimum punishment is 18 months.
A different variance is the courtroom approach.
In British Columbia, prison cases are processed and read provincial courts and supreme courts. All trials in Provincial Court are heard by choose by yourself, whereas trials in Supreme Court might be listened to by a choose alone or judge and jury.
Purely summary conviction offences (those detailed in portion 553 in the Felony Code) are processed and listened to only in Provincial Court docket. This means that an accused doesn’t have the choice for a jury or a preliminary inquiry.
If a charge is a hybrid offence, and the prosecutor classifies it as indictable, then the accused can pick out whether or not to have the case processed and read in Provincial Court or Supreme Courtroom.
The primary difference with Supreme Courtroom is the option for a jury and preliminary inquiry (a pre-trial listening to where by the prosecutor offers proof to the court to determine regardless of whether there is ample evidence to proceed versus the accused).
If the prosecutor chooses to classify and progress by indictment (i.e. indictable offence), then the accused chooses whether or not to have the scenario heard in Provincial Court or in Supreme Courtroom by judge on your own or decide and jury.
Purely indictable offences (those shown in portion 469 of the Felony Code) are processed and listened to only in Supreme Courtroom. The default trial manner is judge and jury however, if the accused and prosecutor consent, the demo may perhaps be read by choose by itself.
That sets out the 3 styles of prison offences in British Columbia.