Election by the Crown

Filed Under: Criminal Law

The choice given to the Crown to decide whether to prosecute cases involving dual procedure offences as a summary conviction or an indictable offence. The Crown is more likely to proceed by indictment if the circumstances of the offence are more serious than a typical case, or if the accused is a repeat offender.

Hybrid offences can be tried either by indictment or on summary conviction. The Crown elects which mode of trial will be used.

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