Bill C-25 strictly limits the amount of credit that an offender can be given for time served in custody prior to conviction and sentencing.

The bill amends the Criminal Code (the Code) to limit the credit a judge may allow for any time spent in pre-sentencing custody in order to reduce the punishment to be imposed at sentencing, commonly called “credit for time served.” There are three scenarios:

  • In general, a judge may allow a maximum credit of one day for each day spent in pre-sentencing custody (“custody” in the bill) (clause 3 of the bill, new section 719(3) of the Code). On 8 October 2009, the Standing Senate Committee on Legal and Constitutional Affairs proposed to amend the bill to allow a maximum credit of one and one-half days for each day spent in pre-sentencing custody. However, the Senate defeated the amendment on 20 October 2009.
  • However, if, and only if, the circumstances justify it, a judge may allow a maximum credit of one and one-half days for each day spent in pre-sentencing custody (clause 3 of the bill, new section 719(3.1) of the Code). On 8 October 2009, the Standing Senate Committee on Legal and Constitutional Affairs proposed to amend the bill to allow a maximum credit of two days for each day spent in pre-sentencing custody. However, the Senate defeated the amendment on 20 October 2009.
  • If the person’s criminal record or breach of conditions of release on bail was the reason for the pre-sentencing custody, a judge may not allow more than one day’s credit for each day spent in pre-sentencing custody (clause 3 of the bill, new section 719(3.1) of the Code). On 8 October 2009, the Standing Senate Committee on Legal and Constitutional Affairs proposed to amend the bill to allow a maximum credit of one and one-half days for each day spent in pre-sentencing custody. However, the Senate defeated the amendment on 20 October 2009.