The Government of Canada Introduces Legislation Restricting "Credit for Time Served"

March 27, 2009 -- Ottawa, Ontario -- Rob Moore, Parliamentary Secretary to the Minister of Justice, today welcomed legislation to limit the amount of credit that the courts may grant to convicted criminals for the time they serve in custody prior to their sentencing. This new legislation represents the next step in the government’s ongoing anti-crime agenda.

"We are following through on our commitment to address the concerns of Canadians who want to see offenders who are convicted of serious crimes serve sentences that reflect the severity of those crimes," said Mr. Moore. "We are going to strictly limit the amount of credit that may be granted for time served in custody prior to sentencing. With this new legislation, we will put an end to the practice of so-called '2 for 1' sentencing credits."

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.

"For too long now, the sentences of offenders have not corresponded to the serious nature of their crimes," said Mr. Moore. "We are going to fix this. I sincerely hope that the opposition parties in Parliament will give us unanimous consent to ensure quick passage of this important legislation."

This proposed legislation is one of a number of criminal justice bills that has been introduced in this session of Parliament that will help ensure the safety and security of Canadians. The government has also introduced legislation to address organized crime and serious drug crime.

Rob Moore is the Parliamentary Secretary to the Minister of Justice and the MP for Fundy Royal.

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For more information, please contact:
William van Geest
Special Assistant - Communications
Office of Rob Moore, M.P. Fundy Royal
(613) 996-2316



BACKGROUNDER

Amendments are being proposed to the Criminal Code that would cap the amount of credit that can be granted for time served in custody prior to sentencing (remand custody) at a ratio of 1 to 1. Only where circumstances justify it would credit for time served be given at a ratio of up to 1.5 to 1, and the courts would be required to explain these circumstances.

Proposed Amendments

The proposed amendments to the Criminal Code will, as a general rule, cap the amount of credit for time served in pre-sentencing custody at a 1 to 1 ratio. For example, if an offender who served 9 months in remand custody is sentenced to 4 years imprisonment, the net sentence would be 3 years and 3 months (4 years minus 9 months).

Credit at a ratio of up to 1.5 to 1 will only be permitted where circumstances justify it, and courts will be required to explain these circumstances.

Credit for time served by offenders who have violated bail, or been denied bail because of their criminal record will also be limited to a maximum 1 to 1 ratio, and no enhanced credit beyond one to one will be permitted under any circumstances.

These amendments will bring greater consistency and certainty to sentencing, and help address provincial and territorial concerns about the growing number of persons being held in custody prior to sentencing.

Provincial-Territorial Concerns

Correctional facilities in the provinces and territories are experiencing ever-increasing numbers of accused being held in pre-sentencing custody, to the point where the population in remand now exceeds the population in sentenced custody. The Federal/Provincial/Territorial (FPT) Sentencing Working Group and the FPT Heads of Corrections have explored contributing factors and possible solutions. There is strong support in the provinces and territories for limiting credit for time served as one way to help reduce the size of their remand populations.