February 25, 2010

DEVOLIN WELCOMES LEGISLATION RESTRICTING CREDIT FOR TIME SERVED COMING INTO FORCE

OTTAWA – Local MP Barry Devolin 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 Devolin. “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. 
“Canadian people are dismayed when they see criminal sentences reduced because of pre-trial remand credit,” said Devolin. “This legislation will help restore public confidence in the judicial system.”

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.

- 30 -

For more information contact:

Barry Devolin, MP 

(705) 324-9436 or (866) 688-9881