Legislation restricting credit for time served comes into force

February 05, 2010

Langley MP Mark Warawa today welcomed the coming into force of Bill C-25, legislation that strictly limits the amount of credit granted for time served in custody prior to conviction and sentencing.
 
“Our Government is committed to ensuring that criminals serve a sentence that reflects the severity of their crimes,” said Warawa. “Bill C-25 marks a significant achievement in implementing our tough-on-crime agenda.”
 
This legislation provides the courts with clear guidance and limits for granting credit for pre-sentencing custody. Bill C-25:

• makes 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);
  
• permits credit to be given at a ratio of up to 1.5 to 1 only where the circumstances justify it;
• requires courts to explain the circumstances that justify a higher ratio; and
• limits the pre-sentencing credit ratio to a maximum ratio of 1 to 1 for individuals detained in custody prior to sentencing primarily because of their criminal record or a violation of bail.

 
“Canadians have been dismayed with the previous Liberal laws which saw criminal sentences reduced because of pre-trial remand credit,” says Warawa "Canadians are now better protected from the criminals who commit brutal acts."
“This legislation will help restore public confidence in the judicial system, in that those who commit serious crimes will get a more appropriate sentence."
 
Bill C-25 received support from provincial and territorial governments, victims' associations and police forces from across the country during the legislative process.
 
An on-line version of the legislation can be found at www.parl.gc.ca.