Bill C-475: An Act to amend the Criminal Code (credit for pre-sentencing custody)

C-475 Second Session, Thirty-ninth Parliament, 56 Elizabeth II, 2007 HOUSE OF COMMONS OF CANADA BILL C-475 An Act to amend the Criminal Code (credit for pre-sentencing custody) first reading, November 14, 2007 Mr. Dykstra 392051 SUMMARY This enactment amends the Criminal Code to provide that a person who spends time in custody before sentencing will be credited for that time at a ratio of one day of credit for every day served. The ratio may be increased to one and a half days of credit for every day served if the judge is satisfied that there are exceptional circumstances that warrant it, but a person who has been detained as a result of a breach of a condition of judicial interim release is not eligible to receive any extra credit for pre-sentencing custody. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 39th Parliament, 56 Elizabeth II, 2007 house of commons of canada BILL C-475 An Act to amend the Criminal Code (credit for pre-sentencing custody) R.S., c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Subsection 719(3) of the Criminal Code is replaced by the following: Determination of sentence (3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence and may credit the person one day for every day spent in custody. Extra credit — exceptional circumstances or fairness (3.1) If the court is satisfied that there are exceptional circumstances that warrant it, including unduly harsh conditions during custody or the lack of access to rehabilitation programs, the court may credit the person with one and a half days for every day spent in custody. Persons not eligible (3.2) A person is not eligible to receive any extra credit under subsection (3.1) if the person has been detained as a result of a breach of a condition of the person’s judicial interim release. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada