CLASSIFICATION OF OFFENCES

CONTENTS

1.0       Introduction

2.0       Objectives

• Main Content
• Federal and State Control of Criminal Proceedings
• Indictable and Non-indictable offences
• The importance of the division of offences

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings

INTRODUCTION

Following out Digest of Criminal Law, all offences against the criminal laws of the Federal Government are Federal Offences, such might be drug related offences, smuggling, armed robbery, currency offences etc. Most serious ones are usually listed in the schedule. A state offence is one, which is against the criminal laws of a state. However, offences may be classified in two ways such as indictable and non-indictable offences, felonies, misdemeanors and simple offences.

OBJECTIVES

In this unit, you should be able to know the following:

• What classification is all about
• The important of classification
• What are felonies, misdemeanors and simple offences, and their importance?

MAIN CONTENT

Federal and State Control of Criminal Proceedings

The Federal Attorney - General controls all criminal proceedings as regards federal offences. He can delegate this function to a state’s Attorney General. Similarly, the state Attorney General can delegate it to the Federal Attorney-General. Of course, it follows by courtesy or comity through letters regatory or delegatory that one state Attorney General to control the criminal proceedings within his own jurisdiction. In the absence of such delegation, one cannot control the proceedings belonging to another, if he does, a quo warrantor may be entered against him and the proceedings nullified. Offences may be classified in two ways as follows:

• Indictable offences
• Summary conviction offences or non-indictable offences

Indictable and non-indictable offences

Both types of classification are important for the purpose of the law of criminal procedure in the southern states. Neither type of classification exists in the law of criminal procedure in the northern states.

By indictable offences, we refer to an offence which on conviction may be punished by a term of imprisonment exceeding two years, or which on conviction may be punished by imposition of a fine exceeding four hundred naira.

The importance of the division of offences

The importance of the division of offences into indictable and non-indictable offences lies in the method of trial and in the power of arrest for an offence. Meanwhile, summary conviction offence refers to any offence which is not indictable, any offence punishable by a magistrate’s court on summary conviction. Indictable offences are triable on information but they may be tried summarily in certain circumstances. While non-indictable offences are triable summarily and normally not on information.

The power to arrest a person without warrant for an offence depends in part on whether the offence is an indictable offence.

A Felony: is any offence which is declared by law to be a felony, or is punishable, without proof of previous conviction, with death or with imprisonment for three years or more.

A misdemeanor: is any offence, which is declared by law to be a misdemeanor, or is punishable by imprisonment for not less than six months, but less than three years.

A simple offence: any office, which is neither a felony nor a misdemeanor, is a simple offence. However, the classification of offences into felonies, misdemeanors and simple offences is important first of all for the purpose of determining the power of arrest for the offence.

Secondly for the purpose of determining criminal liability or punishment with respect to attempt to commit an offence, preparation to commit an offence, neglect to prevent the commission of an offence, conspiracy to commit an offence, and being an accessory after the fact to an offence, and thirdly for the purpose of determining the ambit of the power of the court to grant bail to an accused person with respect to an offence.

SELF-ASSESSMENT EXERCISE

What are felonies, misdemeanors and simple offences, and their importance.

CONCLUSION

We have to conclude by reminding ourselves the areas of which we have discussed. We have touched upon the Federal and State control of criminal proceedings, different divisions of offences, such as, indictable in certain offences, summary conviction in certain circumstance. We also discussed a felony, a misdemeanor, and a simple offence, but most importantly, the essence of classifications of offences. Thus, we conclude that the importance of the classification of offences lies in the method of trial and in the power of arrest for an offence.

SUMMARY

Thus, once an offence is declared by law to be punishable on summary conviction, it cannot be an indictable offence no matter how heavy the prescribed punishment may be.

TUTOR MARKED ASSIGNMENT

• What are indictable and non-indictable offences?
• Explain a felony, a misdemeanor, and a simple

REFERENCES/FURTHER READING

Akintunde Obilade, O., (1990) - The Nigeria Legal System, Owerri, Spectrum Law Publishing.

Nnanyelugo Okoro and Aloysius-Michael Okolie, (2004) - Law, Politics and Mass Media in Nigeria, Prize Publishers.

Nweke, S.A.N., (2002) - Principles of Crime Prevention and Detection in Nigeria, Enugu, Ebenezer Productions.