Arkansas Security Guard Practical Practice Exam

The offence of theft under the Criminal Code is a hybrid offence

1. True

2. False

The correct answer is: True

The statement that theft under the Criminal Code is a hybrid offence is accurate. A hybrid offence, also known as a "dual offence," means that the prosecution has the discretion to proceed either by summary conviction or by indictment. This classification allows for flexibility in handling the case, depending on various factors such as the severity of the crime, the circumstances surrounding it, and the accused's criminal history. In the case of theft, the prosecutor may choose to pursue a summary conviction for less serious instances, which typically carry lighter penalties, or opt for an indictment, which is reserved for more serious cases and can result in heavier penalties. This approach is designed to ensure that the legal system can appropriately address the varying degrees of theft offences based on their specific nature and context. Other offences might be classified strictly as summary or indictable, which would not afford the same level of prosecutorial discretion. Thus, understanding the hybrid nature of theft under the Criminal Code is essential for grasping how such offences are addressed within the legal system.