Hybrid Offences Law and Legal Definition

Hybrid offences refer to those offences which can be prosecuted either as a summary offence or as an indictable offence. For example, dangerous operation of a motor vehicle, vessel or aircraft, sexual assault, and sexual interference. The prosecutor has the absolute right to elect how the offence will be prosecuted unless the defense can establish that the prosecution’s election amounts to an abuse of process. Although these offences are called hybrid offences at the beginning of the trial process, at some point the prosecution will choose to proceed summarily or by indictment. Thus, by the time these charges are dealt with they will always be designated as either summary or indictable.