Summary offense

A summary offence is a crime 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. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), 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 6 months 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.

In relation to England and Wales, the expression "summary offence" means an offence which, if committed by an adult, is tried by a summary procedure. In such proceedings there is no jury, the appointed judge 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.

In this definition, references to the way in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980 ("Certain offences triable either way to be tried summarily if value involved is small") on the mode of trial in a particular case.

Sir William Blackstone, in his Commentaries on the Laws of England, described summary offences thus:

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