Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Limitation periods (time period after crime commited where charges can.

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Presentation transcript:

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Limitation periods (time period after crime commited where charges can be laid) Offences must be prosecuted within 6 months of the date it occured No limitation of time when offence may be prosecuted

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Prosecution Private person may prosecute by going before judge if Crown refuses to lay charges Private person may prosecute with Crown permission, but Crown almost always prosecutes

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Pre-trial procedure No preliminary hearing Preliminary hearing may be held

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Type of court Provincial Court Provincial or Superior Court

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Presence of accused Not required; may be represented by a lawyer Required

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Penalties Limited to a fine up to $2,000 or up to 2 years, less a day Heavier, up to life imprisonment

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Criminal Record A criminal record results from a conviction on a summary offence A criminal record results from a conviction on an indictable offence

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Method of Trial No jury Accused can choose judge or jury as “triers of fact”