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Summary offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. Section 787 of the Criminal Code specifies that unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both.
As a matter of practical effect, some common differences between summary conviction and indictable offences are provided below.
In Hong Kong, trials for summary offences are heard in one of the territory's Magistrates' Courts, unless the defendant is accused with other indictable offence(s). Typical examples for summary offences in Hong Kong include possession of a simulated bomb, drunkenness, taking photographs in courts, careless driving and pretending to be a public officer.
Under New Zealand law, summary offences are covered by the Summary Offences Act 1981, and include offences that resemble forgery, fraud, nuisance, as well as offences against public order. It also covers some aspects of search, arrest and jurisdiction, as well as regulating the sale of spray paint.
In relation to England and Wales, the expression "summary trial" means a trial in the magistrates' court. In such proceedings there is no jury; the appointed judge, or a panel of three lay magistrates, decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the (usually minor) offence and the judge to hear it. A summary procedure can result in a summary conviction. A "summary offence" is one which, if charged to an adult, can only be tried by summary procedure. Similar procedures are also used in Scotland.
Certain offences that may be tried in a Crown Court (by jury) may be required to be tried summarily if the value involved is small; such offences are still considered either way offences, so are not thereby "summary offences" in the meaning of that term defined by statute. Contrariwise, certain summary offences may in certain circumstances be tried on indictment along with other offences that are themselves indictable; they do not thereby become "indictable offences" or "either way offences" but remain "summary offences", though tried by jury.
Sir William Blackstone, in his Commentaries on the Laws of England (1765–1769), described summary offences thus:
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Summary offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. Section 787 of the Criminal Code specifies that unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both.
As a matter of practical effect, some common differences between summary conviction and indictable offences are provided below.
In Hong Kong, trials for summary offences are heard in one of the territory's Magistrates' Courts, unless the defendant is accused with other indictable offence(s). Typical examples for summary offences in Hong Kong include possession of a simulated bomb, drunkenness, taking photographs in courts, careless driving and pretending to be a public officer.
Under New Zealand law, summary offences are covered by the Summary Offences Act 1981, and include offences that resemble forgery, fraud, nuisance, as well as offences against public order. It also covers some aspects of search, arrest and jurisdiction, as well as regulating the sale of spray paint.
In relation to England and Wales, the expression "summary trial" means a trial in the magistrates' court. In such proceedings there is no jury; the appointed judge, or a panel of three lay magistrates, decides the guilt or innocence of the accused. Each summary offence is specified by statute which describes the (usually minor) offence and the judge to hear it. A summary procedure can result in a summary conviction. A "summary offence" is one which, if charged to an adult, can only be tried by summary procedure. Similar procedures are also used in Scotland.
Certain offences that may be tried in a Crown Court (by jury) may be required to be tried summarily if the value involved is small; such offences are still considered either way offences, so are not thereby "summary offences" in the meaning of that term defined by statute. Contrariwise, certain summary offences may in certain circumstances be tried on indictment along with other offences that are themselves indictable; they do not thereby become "indictable offences" or "either way offences" but remain "summary offences", though tried by jury.
Sir William Blackstone, in his Commentaries on the Laws of England (1765–1769), described summary offences thus:
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