However, there is a category of
hybrid offences where, even when the Crown elects to proceed by indictment, the accused will have no choice as to mode of trial, but must be tried by a Provincial Court judge.
Where a proceedings progresses to its conclusion without the Crown having made an election on a
hybrid offence and the laying of the charge was within 6 months of the incident, the Crown is deemed to have elected to proceed by «summary conviction».