In British Columbia there are 3 main types of criminal offenses. They are (1) purely summary conviction offenses, (2) purely indictable offenses, and (3) hybrid offenses.
These 3 types of crimes are established in the Criminal Code of Canada.
Purely summary conviction offenses
The list of crimes of summary conviction is established in article 553 of the Penal Code. These are the mildest charges compared to indictable and hybrid offenses. Examples include theft (less than $ 5,000) and damage charges.
Purely indictable offenses
Actionable crimes are the most serious crimes. These crimes are established in article 469 of the Penal Code. Examples of indictable crimes include murder and treason.
Hybrid crimes
Hybrid crimes are all those that are not listed in section 553 or 469 of the Penal Code. Most criminal offenses in Canada are hybrids.
What hybrid offense means is that the prosecutor can choose whether to classify a crime as summary or indictable. How a charge is classified determines how a charge is processed through the criminal justice system.
Process: summary sentence vs. actionable
The two main differences are (1) the maximum penalties and (2) the judicial process.
When the prosecutor has a choice (i.e. a hybrid offense), the maximum summary conviction penalties are often less severe than the indictable classification.
For example, a drunk driving charge (also known as drunk driving) is a hybrid offense in which the prosecutor can choose to proceed summarily or by indictment. As an indictable crime, the maximum penalty is 5 years in prison; as a crime of summary conviction, the maximum penalty is 18 months.
Another difference is the judicial process.
In British Columbia, criminal cases are prosecuted and heard in provincial courts and high courts. All trials in the Provincial Court are heard by a single judge, while trials in the Supreme Court can be heard by a single judge or a judge and a jury.
Purely summary conviction offenses (those listed in article 553 of the Penal Code) are processed and heard only in the Provincial Court. This means that a defendant does not have the option of a jury or a preliminary investigation.
If a charge is a hybrid offense and the prosecutor classifies it as indictable, then the defendant can choose whether he wants the case to be prosecuted and heard in the Provincial Court or the Supreme Court.
The main difference from the Supreme Court is the option of a jury and a preliminary investigation (a pre-trial hearing in which the prosecutor presents evidence to the court to determine whether there is sufficient evidence to proceed against the defendant).
If the prosecutor chooses to classify and proceed by indictment (ie, chargeable offense), then the defendant chooses whether the case is heard in the Provincial Court or in the Supreme Court only by judge or judge and jury.
Purely indictable offenses (those listed in article 469 of the Penal Code) are processed and heard only in the Supreme Court. The default trial mode is judge and jury; however, if the accused and the prosecutor give their consent, the judge can only hear the trial.
That establishes the 3 types of crime in British Columbia.