“This bill will ensure that individuals found guilty of crimes serve their full sentence by strictly limiting the amount of credit that may be granted for time served in custody prior to sentencing,” said Minister Hill.  “We are making good on our campaign commitment to bring in truth-in-sentencing.  Victims of crime deserve no less.”

 

The proposed Criminal Code amendments in this legislation would provide the courts with sentencing guidance and limits for granting “credit for time served”.

 

Specifically, the legislation would:  

·         make it the general rule that the amount of credit for time served be capped at a 1-to-1 ratio – granting only one day of credit for each day served in pre-sentencing custody;

·         permit a credit to be given at a maximum ratio of up to 1.5-to-1 only where the circumstances clearly justify;

·         require courts to explain the circumstances that justified a higher ratio;  and,

·         limit the pre-sentencing credit ratio to a maximum ratio of 1-to-1 for individuals detained because of their criminal record or because they violated bail, with no enhanced credit permitted under any circumstances.

 

Courts typically take into account certain factors in determining the amount of credit for pre-sentencing custody, such as overcrowding or a lack of programming for inmates. The existing sentencing regime has resulted in courts traditionally awarding credit at 2-to-1 for pre-sentencing custody.  Credit has even been awarded as highly as 3 days off for each day served, while contributing inadvertently to long backlogs in bringing cases to trial.  Provincial governments and victims’ groups have been calling for the reforms introduced today by the federal government.