Truth in Sentencing Act comes into effect - Action News
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Truth in Sentencing Act comes into effect

Federal legislation limiting the amount of credit prisoners can get for time served in custody before and during their trial has become law, Justice Minister Rob Nicholson said.

Federal legislation limiting the amount of credit prisoners can get for time served in custody before and during their trial has become law, Justice Minister Rob Nicholson announced on Tuesday.

"Thetwo-for-onecredit is no longer an option. This will bring more truth in sentencing and giveCanadians confidence that justice is being served," Nicholson told reporters in Ottawa .

TheTruth in Sentencing Act was actually granted royal assent on Oct. 21, 2009, but came into effect on Monday.

Nicholson said it usually takes around six months for a law to come into effect because it takes timeto get the information out to all the provincial attorneys general.

It hadbeen common practice among judges to reduce prison sentences by two days for each day a person spent in jail while awaiting trial and sentencing. In rare cases, the ratio was three-to-one if their detention conditions were deemed particularly difficult.

The new legislation means that as ageneral rule, the amount of credit for time served will be capped at a ratio of one-to-one.

It will permit judges to give credit at a maximum ratio of 1.5-to-one only when circumstances justify it, and they will be required to explain what those circumstances are.

No change in the one-to-one ratio will be allowed under any circumstances for people who have violated bail conditions or who have been denied bail because of their criminal record.

Pamela Stephens, a spokesperson for Nicholson, said the Minister of Public Safety has given assurances that space is adequate to accommodate the added demands on the systemimposed by the new legislation.