THE GOVERNMENT OF CANADA INTRODUCES LEGISLATION RESTRICTING CREDIT FOR TIME SERVED

March 27, 2009

REGINA, March 27, 2009 – Today the Honourable Rob Nicholson, Minister of Justice and Attorney General of Canada, introduced legislation to clearly limit the amount of credit that courts may grant to convicted criminals for the time they served in custody prior to their sentencing.

“Our Government is following through on its commitment to ensure that individuals found guilty of crimes serve a sentence that reflects the severity of those crimes,” said Tom Lukiwski, MP for Regina-Lumsden-Lake Centre. “The legislation introduced today will strictly limit the amount of credit that may be granted for time served in custody prior to sentencing, bringing greater certainty and clarity to the sentencing process.”

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, i.e., give only one day of credit for each day an individual has spent in custody prior to sentencing;
• permit a credit to be given at a ratio of up to 1.5  to 1 only where the circumstances justify it;
• 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 being granted 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. This has resulted in courts traditionally awarding credit at 2 to 1 for pre-sentencing custody. On rare occasions, the credit awarded has been as high as 3 to 1.

 “Our Government continues to take tough action against crime and stand up for victims in this country,” said Lukiwski. “We are committed to protecting the people of Saskatchewan and ensuring the safety and security of Canadians. This Government is continuing to take tough action against crime”.