Minister Supports Proposed New Federal Crime Legislation

Justice Minister and Attorney General Cecil Clarke voiced his ongoing support for proposed new federal legislation introduced today, March 27, that will eliminate the two-for-one time credit often given during sentencing to offenders who have spent time in a correctional institution awaiting court appearance.

Currently, the Criminal Code of Canada grants the judiciary discretion to take pre-trial custody into account during sentencing. The new federal legislation would eliminate that discretion.

"I continue to hear from Nova Scotians that they want tougher laws to keep criminals behind bars. I am very supportive of the federal government for moving on this issue," said Mr. Clarke.

The proposed Criminal Code amendments in this legislation will:

• make it the general rule that the amount of credit for time served be capped at a one-to-one ratio
• permit a credit to be given at a ratio of up to 1.5-to-one only where the circumstances justify it
• require the courts to explain the circumstances that justified a higher ratio

"Nova Scotia, like other provinces, is experiencing too many accused individuals being held in pre-sentencing custody to the point where remand has caused delays in our court system and increased pressure on it," said Mr. Clarke.