Section 719 — Criminal Code: Commencement of sentence

A sentence commences when it is imposed, except where a relevant enactment otherwise provides. 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. 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. Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody. The court shall give reasons for any credit granted and shall cause those reasons to be stated in the record. 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. Failure to comply with subsection (3.2) or (3.3) does not affect the validity of the sentence imposed by the court. 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. 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. An application for leave to appeal is an appeal for the purposes of this section.