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In Canada, a hybrid offence is considered an indictable offence. For instance, there is no obligation to have your fingerprint taken if you are charge with a summary offence, but your fingerprint will be taken if your are charge with an hybrid offence, even if the prosecutor opted for summary conviction.

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15y ago

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How do you find out if your charges are indictable or summary?

Some very minor charges are only charged as a summary offense and the most serious only can be indictable. Many charges fall in between this spectrum and can be charged either way. All hybrid offenses are considered indictable until the crown attorney decides how they want to prosecute you.


Is defacing a coin a summary or indictable offense?

Yes


What is a serouis crime called?

Indictable offence more infor: http://en.wikipedia.org/wiki/Indictable_offence


Is committing perjury summary or indictable offense?

Committing perjury is an indictable offense rather than a summary offense. A person who commits perjury is always in the position to be indicted when involved in a court case.


Can a private investigator arrest someone?

I am not sure where you are located however, in Canada there is a section in the Criminal Code (s.494) that allows any citizen to arrest without warrant, any person they FIND COMMITTING an indictable offence. For purposes of arrest a Hybrid or Duel offence is considered indictable. I believe the US has a similar citizen's arrest law. Regardless of being a P.I. or not the investigator is still a citizen and this would apply to him or her.


Is beastiality legal in Canada?

Bestiality is illegal under Canadian Law. Section 160. (1) of the Canadian Criminal Code states that "every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction".


The difference between summary offense and indictable?

Summary offences are dealt with by a magistrate in the Magistrates' Court. They include less serious offences, and can be punishable by shorter prison sentences and smaller fines. Accused must not necessarily be in person for the trial. Jury trials or preliminary inquiries are not held. Indictable offences are more serious. They can be heard in a higher court (the County Court or Supreme Court) by a judge and jury. Accused must necessarily be in person for the trial. Preliminary inquires are held.


Can you get deported from Canada for stealing?

Punishment for theft: of an indictable offence and is liable to imprisonment for a term not exceeding two years, or where the value of what is stolen does not exceed five thousand dollars


What are the jurisdictions of the courts?

The Magistrates court has jurisdiction to hear all summary offences, hybrid offences ( also known as either way offences) that occur in their area of jurisdiction. Indictable offences are outside of the jurisdiction of the magistrates court are sent up to the local crown court as they have more sentancing powers than the Magistrates.


What is indictable offence?

A serious criminal offence with no minimum penalty that could be awarded a maximum penalty. In Canada: accused can choose whether they would like to be tried in a provincial or superior court with or without a jury.


Is indecent assault an indictable offense in the UK?

Indecent assault is indeed an indictable offense in the United Kingdom. Indictable offenses in the UK are equivalent to a felony charge in the US.


What is criminal mischief?

Mischief 430. (1) Every one commits mischief who wilfully(a) destroys or damages property;(b) renders property dangerous, useless, inoperative or ineffective;(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.Mischief in relation to data (1.1) Every one commits mischief who wilfully(a) destroys or alters data;(b) renders data meaningless, useless or ineffective;(c) obstructs, interrupts or interferes with the lawful use of data; or(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.Punishment (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.Punishment (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or(b) is guilty of an offence punishable on summary conviction.Idem (4) Every one who commits mischief in relation to property, other than property described in subsection (3),(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or(b) is guilty of an offence punishable on summary conviction.

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