What is the difference between summary offence and indictable

Being charged with a criminal offence is serious. Not only are the repercussions life changing and long term, but if you are found guilty of committing an offence the effects can negatively impact your family, career, and future. If you are currently facing criminal charges, it is imperative that you hire a lawyer who understands the various procedural decisions to help protect your future.

At Pringle Chivers Sparks Teskey our lawyers are recognized for their ability to build solid defenses, conduct thorough investigations, and provide expert advice, including the potential repercussions of being charged with a summary or indictable offence.

Contact our office today for a free consultation. We know that being accused of a crime can be confusing, stressful, and unexpected. We pride ourselves on our practical, client-centered approach to help you find a solution to your legal problems.

We are happy to provide you with a free, no-obligation consultation where we can explain your options and help you understand the criminal charges you are facing. If you would like to speak to one of our lawyers, please contact us. Sound legal representation is the only way to achieve successful results when facing serious criminal charges.

Pringle, Chivers, Sparks, Teskey offers experienced criminal lawyers who can provide you with expert advice and counsel so that your rights are protected. Skip to content. Our Lawyers Alexander Pringle, Q. The Constitution does not define what a minor offence is, although minor offences are often set down by the actual law. Minor and non-minor offences equate more or less with the statutory distinction drawn between summary and indictable offences.

The Supreme Court has however considered the issue of what constitutes a minor offence. In examining the criteria or rules when deciding whether an offence was minor the Supreme Court laid out the following test:. All that can be said with certainty is that an offence is minor where the punishment is less than six months imprisonment Conroy v Attorney General [] IR , whereas an offence is non-minor where the punishment is two years or more Mallon v Minister for Agriculture, Food and Forestry [] 1 IR It appears, however, that the courts have come to the belief that an offence with a maximum prison sentence of twelve months constitutes a minor offence.

It can be said as a result that any offence that carries a penalty of more than twelve months imprisonment is considered a non-minor offence. The Bail Act created a new distinction between serious and non-serious offences. It states that bail can be refused where an accused is charged with a serious offence and it can be established that they are likely to commit further serious offences if released on bail. The Bail Act defines a serious offence as an offence that you could be punished by imprisonment for 5 years or more, if you are convicted.

The Criminal Law Act defines an arrestable offence as an offence that you could be punished by imprisonment for 5 years or more, similar to the definition of a serious offence mentioned above. Section 4 of the Criminal Law Act allows a Garda to arrest anyone that they have reasonable cause to believe is guilty of committing an arrestable offence.

They can do this without a warrant. Anyone arrested for an arrestable offence without a warrant can be detained in a Garda station for up to 24 hours for questioning, before being charged or released. Further information on your right to silence is available here. If you have a question about this topic you can contact the Citizens Information Phone Service on 07 Monday to Friday, 9am to 8pm.

You can also contact your local Citizens Information Centre or Request a call back from an information officer. Introduction A crime is defined as an act which can be punished by the State. Summary offences will remain on your criminal record for life; however, you can apply to have them wiped off a certain amount of time after finishing your sentence.

To find out more see our page about record suspensions. Some examples of summary offences in Canada include disturbing the peace and soliciting prostitution. Indictable offences are the most serious under the Criminal Code and they carry more severe punishments. Whereas summary offences are only held before a judge, most indictable offences can be decided either by a judge or a jury. Some indictable offences, such as first-degree murder, can only be decided by a jury.

Instead, the vast majority of crimes in Canada can be pursued as one or the other. It is up to the Crown to decide if it intends to treat a matter as a summary or an indictable charge. Clive Steirn. William Brewer. Luke Brasch. Jack Tyler-Stott. Wali Shukoor.

AJ Karim. Our Offices. Liverpool George Street. Parramatta 27 Hunter Street. Chatswood 23 Daisy Street.

Newcastle 17 Bolton Street. Penrith 95B Station Street. Wollongong 1 Burelli Street. Bankstown 47 Rickard Road. Fixed Fees. Success Stories. Recent Criminal Cases. Wounding With Intent Charges Withdrawn. See More. Recent Traffic Cases. Negligent Driving Appeal Upheld. Another Licence Appeal Successful. Our Offices A list of our offices across the Sydney metropolitan area and beyond.

Client Reviews. Our Services. Bail Applications We can make an application to have you or your loved-one released from custody. Not Guilty Pleas We can fight to have your charges dropped or thrown out of court. Guilty Pleas We can work to ensure you receive the most lenient outcome in the circumstances.

Mental Health Applications We can make an application in court to have your charges dismissed on mental health grounds.

Non-Conviction Orders We will maximise your chances of avoiding a criminal record. Jury Trials We will implement effective defence strategies and fight for a not guilty verdict. Appeals We can appeal against your finding of guilt or push for a more lenient outcome. Criminal Law.

Recent Success Stories Have a look through our recent criminal cases. Defences Different types of defences that you may be able to raise. Penalties Information about penalties for criminal offences. Appeals Information about appeals and how our top criminal defence team can help you.

Criminal Legislation Read relevant sections of the Act under which you are charged.