Hybrid offence

A hybrid offence (or dual procedure offence) is one the Crown may prosecute either as a summary conviction offence or as an indictable offence. The prosecutor's election determines the applicable procedure, the maximum penalty, and related consequences. Until the Crown elects, hybrid offences are treated as indictable for most purposes.

Many offences in the Criminal Code are hybrid, so the Crown election is a pivotal early event in a prosecution. Factors influencing the election include the seriousness of the allegations, the accused's record, and time limits for summary proceedings. For defence counsel, the election affects trial court, jury availability, exposure on sentence, and immigration or record consequences, making it a frequent subject of resolution discussions.