Criminal Code

Marginal note:Commencement of sentence

• 719 (1) A sentence commences when it is imposed, except where a relevant enactment otherwise provides.

• Marginal note:Time at large excluded from term of imprisonment

  (2) Any time during which a convicted person is unlawfully at large or is lawfully at large on interim release granted pursuant to any provision of this Act does not count as part of any term of imprisonment imposed on the person.

• Marginal note: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.

• Marginal note: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).

• Marginal note:Reasons

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

• Marginal note: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.

• Marginal note: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.

• Marginal note:When time begins to run

  (4) Notwithstanding subsection (1), a term of imprisonment, whether imposed by a trial court or the court appealed to, commences or shall be deemed to be resumed, as the case may be, on the day on which the convicted person is arrested and taken into custody under the sentence.

• Marginal note:When fine imposed

  (5) Notwithstanding subsection (1), where the sentence that is imposed is a fine with a term of imprisonment in default of payment, no time prior to the day of execution of the warrant of committal counts as part of the term of imprisonment.

• Marginal note:Application for leave to appeal

  (6) An application for leave to appeal is an appeal for the purposes of this section.