What does the term "dual offence" mean in criminal law?

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The term "dual offence" refers to a type of criminal offence that can be prosecuted either as a summary conviction or as an indictable offence. This means that depending on the circumstances of the case, the prosecution can choose how to pursue the charges. This flexibility is significant because it allows for different legal procedures and potential penalties based on the severity of the offence, the particular facts of the case, or even the preferences of the accused.

Summary offences are generally considered less serious and carry lighter penalties, while indictable offences are more serious and can involve harsher consequences. The ability to classify an offence as dual reflects the legal system's adaptability to address a wide range of criminal behaviour appropriately.

While options regarding specific classes of individuals, number of suspects, or the nature of the charges may seem relevant, they do not capture the essence of what defines a dual offence within the context of criminal law.

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