CLASSES OF CRIME
CLASSES OF CRIME
The Criminal Code divides crime into two classes:
1. Offences punished on SUMMARY CONVICTION
2. INDICTABLE OFFENCES
Summary Convictions
Offences punishable on summary conviction are usually not very serious. Most motor vehicle offences come under this class. So do charges of common assault, vagrancy, etc. In such cases, following a summons to appear in court, the accused is tried by magistrate without a jury.
Indictable Offences:
Indictable offences are more serious crimes. They are placed in three different categories, depending on the court in which they are being tried.
CLASS A- This includes the most serious types of crimes such as murder or treason. These crimes must be tried by a jury in the Supreme Court. In Class A crimes, a preliminary hearing is held. The hearing is to determine if there is a reasonable amount of evidence to put the person on trial. If there is not sufficient evidence, the charges are dropped.
CLASS B- These are less serious crimes, such as theft under a thousand dollars. These are tried by a magistrate. The trial proceeds in the same way as a summary conviction case.
CLASS C- This includes all other indictable offences, such as burglary, theft and kidnapping. The accused may choose to be tried by a magistrate, a judge alone, or judge and jury. If he/she selects trial by judge or judge and jury, there must also be a preliminary hearing.
Procedure in Criminal Cases
-----------------------
Indictable Offences
C
B
A[pic]
Summary
Conviction
Preliminary hearing by Magistrate
Preliminary hearing by Magistrate
Judge and Jury
Judge
Superior Court with Jury
Magistrate
Magistrate
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