Hybrid or Dual Offences

Some offences are called hybrid or dual offences because they can be prosecuted either summarily or by indictment. Crown counsel make the decision as to which method of proceeding will be used. For hybrid offences, the Criminal Code sets out a maximum fine and jail sentence for both summary and indictable procedures.

In cases where offences are significant, and Crown chooses to proceed summarily (which usually carries a sentence maximum of 6 months), the maximum penalty may be higher. For example, sexual assault has a maximum jail sentence of 18 months, rather than 6 months..

If Crown chooses to indict the accused, the accused may choose trial in Provincial Court or in Supreme Court with a judge or judge and jury.

Crown counsel must advise the court of the procedure to be followed prior to the accused entering a plea (guilty or not guilty), so that the accused can make his or her election (choice) and the appropriate dates for preliminary hearing or trial can be set.

If the accused elects to be tried in Supreme Court, the accused does not enter a plea in provincial court, but can, at any time until the conclusion of the trial in Supreme Court, decide to enter a plea of guilty and proceed to sentencing.