I was wondering why, or if, an accuseds time spent in pretrial should count as double time towards his sentence, especially if the accused is the one who is causing the delays?
Your question is a good one, and one which judges consider on daily basis. The kind of case you refer to, where an offender has spent three years in custody prior to a murder conviction, would be one more commonly dealt with in the Supreme Court than by Provincial Court judges. The Provincial Court only hears murder trials on young persons, where there is usually a lower range of sentence. Given that Provincial Court is the court of first instance and that most cases are dealt with within less than a year of their first appearance, especially if the defendant is in custody, it is rare for Provincial Court judges to deal with persons who have had such a length of time in custody. However, it is a daily occurrence that a person will plead guilty to an offence while in custody, and the question arises of how much time they should be credited for. There is case authority to the effect that it is appropriate to credit pre-trial custody, which is often done on a two-for-one basis, on the the
Related Questions
- I was wondering why, or if, an accuseds time spent in pretrial should count as double time towards his sentence, especially if the accused is the one who is causing the delays?
- When I try to list my absences from Canada or time spent serving a sentence, I get an error message. What am I doing wrong?
- can time spent on prop.36 be calculated in to good time credits deducted from you jail sentence?
