A hybrid offence — also called a dual procedure offence or a Crown election offence — is a criminal offence that can be prosecuted either by summary conviction or by indictment, at the Crown's discretion. The majority of offences in the Criminal Code are hybrid, including assault, theft under $5,000, sexual assault, fraud, impaired driving, and possession of controlled substances.
The Crown's election determines the maximum penalty, the procedure, and the court where the case will be heard. Summary conviction proceedings carry lower maximum sentences (generally up to two years less a day imprisonment), are heard in the Ontario Court of Justice, and have a limitation period of 12 months from the date of the offence. Indictable proceedings carry higher maximum sentences, may be heard in the Superior Court of Justice with a jury, and have no limitation period.
The Crown's election is a strategic decision influenced by the seriousness of the allegations, the accused's criminal history, and the public interest. Defence lawyers can make submissions to the Crown about which election is appropriate, and the Crown's choice significantly affects the range of available sentences and the accused's procedural rights.