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Feds scrap extra credit for pre-sentence jail time
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CTV.ca News Staff
Date: Tue. Feb. 23 2010 9:27 PM ET
Canadians convicted of crimes will no longer be eligible for double or triple credit for time served in pre-sentence custody, under new legislation that came into effect Tuesday.
Bill C-25 limits the amount of credit for time served at a one-for-one ratio, meaning that individuals are only to be given one day of credit for each day they spend in custody prior to sentencing.
Judges can award a credit ratio of 1.5-for-one under extenuating circumstances, such as a trial being delayed through no fault of the accused. A reason for the extra credit must be entered into the court record.
However, the legislation also stipulates that judges are not allowed to consider extra credit for time served for offenders who have violated bail conditioners, or who have been denied bail based on their criminal record.
Justice Minister Rob Nicholson said Tuesday that the need for such a bill has risen over the last 20 years, as convicted criminals began to receive double and sometimes triple credit for time served.
"This was undermining people's confidence in the criminal justice system," Nicholson told CTV News Channel. "And we were only too happy to respond to that by bringing in what we call the Truth in Sentencing Act, which says that the normal procedure now will be one-for-one credit."
According to Nicholson, the bill is also a response to complaints by provincial attorneys general, who have told him about cases where suspects request they not have a bail hearing in order to spend more time in custody and "rack up credits."
"This doesn't do the system any good at all, and provincial attorneys general have been unanimous in telling me that this is helping to clog up the system," Nicholson said. "This means the provincial resources and provincial facilities are all being taxed unnecessarily by people who are delaying the disposition of their case. So again, we were pleased to respond to that."
Alison Redford, Alberta's justice minister and attorney general, was among a number of provincial justice ministers to support the legislation.
"Sentences must reflect the seriousness of the crime, and the damage inflicted upon victims and communities," Redford said in a statement.
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