Dual procedure offence

Filed Under: Criminal Law

1 definition found for this term.
Definitions are presented in the order source books were published (most recent first).


In a dual procedure, the Crown prosecutor has the choice to proceed by summary conviction or by indictment for a hybrid or Crown electable offence. (In Canada, all criminal offences are divided into one of three categories: summary conviction, indictable, and dual procedure offences.) The distinction between summary conviction and indictable offences is based on the formality of the procedures used to try them. Once the Crown has made its decision, the offence is subject to the normal rules of procedure for a summary conviction or indictable offence.

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