Classification of Offences

The classification of offences is highly important. Offences can be classified in a number of ways depending on the objective of the classifier. Some classifications may be made merely for the sake of convenience and thus have no legal significance.

Classifications are significant in that different legal consequences can attend different types of offence. Thus the procedure of trial can differ according to whether an offence can be tried summarily or on information. Classification of offences is also based on the account of the procedure followed in prosecuting these offences.

Such classifications may include;

• Mala inse
• Mala prohibita
• Statutory or common law offences
• Offences against person, property or state
• Personal offences, fraudulent offences
• Violent offences, sexual offences
• Indictable/non-indictable offences etc

However, from the point of view of substantive law, the only classification of importance is contained in section 3 of the criminal code act. Offences in the act are divided into three (3). They include;

1. Felonies;
2. Misdemeanors; and
3. Simple offences.

NB: An indictable offence is any offence which upon conviction may be punishable by a term of imprisonment exceeding 2 years, punishable by fine exceeding N 400 and not being an offence created by law to be punished by summary conviction.

Indictable offences include capital offences and punishments like life imprisonment etc.

A non – indictable offence is one which upon conviction is punishable for less than 2 years, punishable by a fine of less than N400 and also by summary conviction.

Felonies

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. It is basically an offence which is punishable with three years’ imprisonment or more. A felony is a crime of a more serious nature and includes offence punishable with death, life imprisonment etc. Summary conviction is a conviction of a person for a violation or a minor misdemeanor as a result of a trial before a magistrate.

At common law, a felony is one occasioning total forfeiture of either land or goods to which capital punishment might be imposed according to the degree of guilt. At early common law, felony applied to describe more serious offences recognizable in the Royal court, conviction of which entails forfeiture of life, limb, chattel etc.

Misdemeanors

Misdemeanors are offences lower than felony and punishable generally with fines, forfeiture or imprisonment. They are offences punishable upon conviction for a term which exceeds 6 months but below 3 years. It should be noted that at times a misdemeanor (e.g a seditious pamphlet advocating the overthrow of the government) may be far more serious in its effects than a felony (e.g the stealing of six kobo) which just exposes the roughness of this classification. The fact that the court may feel that a felony merits little or no punishment does not alter the fact that it is a felony; and the consequences which attend on a felony, but not a misdemeanor or simple offence, must apply.

Simple offences

Simple offences are lower than misdemeanors and felony. They are punishable by mere caution, discharge, fine, forfeiture, or very rarely with imprisonment not more than 6 months.

The legal significance of the classification

The consequences attendant on that classification are both procedural and substantive. Some of the rationale for the classification are as follows;

1. The classification is based on the gravity of punishment prescribed by law for an offence which is determined by a court that has jurisdiction. The power of a private person to arrest a suspect for misdemeanor is restricted, unlike the power to arrest a suspected felon. In as much as private citizens can arrest a felon without a warrant, they can only arrest a person who committed a misdemeanor if the act is committed at night.
2. It is easier to obtain bail for a simple offence or misdemeanor than a felony.
3. There is the rule of English law in Smith v. Selwyn (now obsolete in England since 1967), that if a plaintiff brings a civil action which is founded on a felony (e.g a young girl sues a man for damages in a civil action of trespass to the person, claiming that he raped her), and if she has not taken reasonable steps to have the felony prosecuted, then the court will stay the proceedings until the felony has been prosecuted. This rule only applies to felonies and the basis of it is that where an offence is serious, an offender should first be brought to justice by public law before an individual can proceed with a civil claim.
4. It is only in respect of felonies that there are such offences as compounding, and neglect to prevent the commission of an offence. The punishment for attempts or conspiracies to commit offences, and for being an accessory either the fact will vary according to whether the substantive offence contemplated or committed was a felony, misdemeanor or simple offence.
5. There are a number of defences available to charges of assault or more serious types where the assault was committed by public officers or private citizens in preventing the escape of felons.