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In British Columbia there are 3 principal kinds of legal offences. They’re (1) purely abstract conviction offences, (2) purely indictable offences, and (3) hybrid offences.
These 3 kinds of offences are set out within the Legal Code of Canada.
Purely abstract conviction offences
The checklist of abstract conviction offences is about out in part 553 of the Legal Code. These are probably the most minor fees in comparison with indictable and hybrid offences. Examples embrace theft (underneath $5,000) and mischief fees.
Purely indictable offences
Indictable offences are probably the most severe legal offences. These offences are set out in part 469 of the Legal Code. Examples of indictable offences embrace homicide and treason.
Hybrid offences
Hybrid offences are all these not listed in both part 553 or 469 of the Legal Code. Nearly all of legal offences in Canada are hybrid.
What hybrid offence means is the prosecutor can select whether or not to categorise an offence as abstract conviction or indictable. How a cost is assessed determines how a cost is processed by means of the legal court docket system.
Course of: abstract conviction vs. indictable
The 2 principal variations are (1) the utmost punishments, and (2) the court docket course of.
When the prosecutor has the choice to decide on (i.e. hybrid offence), the abstract conviction most punishments are sometimes much less extreme than indictable classification.
For instance, an impaired driving cost (aka working whereas impaired) is a hybrid offence the place the prosecutor can select to proceed summarily or by indictment. As an indictable offence, the utmost punishment is 5 years in jail; as a abstract conviction offence, the utmost punishment is eighteen months.
One other distinction is the court docket course of.
In British Columbia, legal instances are processed and heard provincial courts and supreme courts. All trials in Provincial Courtroom are heard by decide alone, whereas trials in Supreme Courtroom could also be heard by a decide alone or decide and jury.
Purely abstract conviction offences (these listed in part 553 within the Legal Code) are processed and heard solely in Provincial Courtroom. Which means that an accused would not have the choice for a jury or a preliminary inquiry.
If a cost is a hybrid offence, and the prosecutor classifies it as indictable, then the accused can select whether or not to have the case processed and heard in Provincial Courtroom or Supreme Courtroom.
The primary distinction with Supreme Courtroom is the choice for a jury and preliminary inquiry (a pre-trial listening to the place the prosecutor presents proof to the court docket to find out whether or not there may be enough proof to proceed towards the accused).
If the prosecutor chooses to categorise and proceed by indictment (i.e. indictable offence), then the accused chooses whether or not to have the case heard in Provincial Courtroom or in Supreme Courtroom by decide alone or decide and jury.
Purely indictable offences (these listed in part 469 of the Legal Code) are processed and heard solely in Supreme Courtroom. The default trial mode is decide and jury; nevertheless, if the accused and prosecutor consent, the trial could also be heard by decide alone.
That units out the three kinds of legal offences in British Columbia.
