Truth in Sentencing -- the role of the Justice of the Peace

As pointed out, in another place, by Sam Goldstein, please find below part of Bill C-25 The Truth in Sentencing Act tabled March 27, 2009 dealing with eliminating "2:1" sentencing.
 
The Act does not eliminate a judicial discretion to give enhanced credit. What it does is to limit judicial discretion to giving enhanced credit to 1 to 1.5.
 
What this act says is that judges can give up to 1.5 unless a Justice of the Peace at a bail hearing states that the person is being detained because of a previous conviction. Please read the Act itself for the specific mechanics.
 
The above is important because it will be incumbent on defence counsel to ensure a Justice of the Peace does not state that the above as the grounds for detention. Indeed, defence counsel consenting to a Defendant's detention ought to state alternative reasons for the consent on the record or with negotiations with the Crown in order to avoid being captured limited in asking for an enhanced credit of 1.5 later on.  
 
I am grateful to Dan Medd who pointed this section out to me and its consequences.

 
BILL C-25

 
An Act to amend the Criminal Code (limiting credit for time spent in pre-sentencing custody)
 
SHORT TITLE

1. This Act may be cited as the Truth in Sentencing Act.

CRIMINAL CODE

 
2. Section 515 of the Criminal Code is amended by adding the following after subsection (9):

Written reasons
 
(9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

3. Subsection 719(3) of the Act is replaced by the following:

Clause 3: Existing text of subsection 719(3):
(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.
 

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 but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

Exception
 
(3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or the person was detained in custody under subsection 524(4) or (8).

Reasons
 
(3.2) The court shall give reasons for any credit granted and shall cause those reasons to be stated in the record.

Record of proceedings
 
(3.3) The court shall cause to be stated in the record and on the warrant of committal the offence, the amount of time spent in custody, the term of imprisonment that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

Validity not affected
 
(3.4) Failure to comply with subsection (3.2) or (3.3) does not affect the validity of the sentence imposed by the court.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4