The main offences covered by the Criminal Code that are less or moderately grievous are either committed through a criminal act or are offences punishable on summary conviction. The latter procedure can also be called a summary prosecution.
It must be understood that a summary prosecution can entail a criminal record, just as an indictable offence. The differences are rather procedural than material.
An offence that is punishable on summary conviction involves the following distinctions:
1) The charge must be laid within a 6 month deadline
2) The maximum sentences are lesser for an offence punishable by summary conviction than for a criminal act
3) There is no preliminary hearing for an offence punishable by summary conviction, which means procedures are simplified
4) Municipal courts have the jurisdiction to make decisions on such an offence
5) In case of a conviction, a pardon can be applied for after 5 rather than 10 years
6) In case of a conviction, an appeal can be placed in Superior Court rather than in the Court of Appeal.
The following are examples of offences punishable on summary conviction: assault, theft under $ 5,000, fraud under $ 5,000, mischief, driving under the influence and many others.
