Marginal note:Commencement of sentence
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.
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.
- R.S., 1985, c. C-46, s. 719
- R.S., 1985, c. 27 (1st Supp.), s. 157
- 1995, c. 22, s. 6
- Date modified: