What is the current state of the law on credit for time served in pre-trial custody?

A number of trial level decisions have considered the circumstances that may justify credit for time served that is greater than 1:1 credit and up to a maximum of 1.5:1 days for each day spent in pre-trial custody. Many of these authorities were helpfully reviewed in, R. v. D.W.J., 2012 BCPC 15. There, Brecknell A.C.J. outlined the jurisprudence in this province. Also helpful are the decisions of this court in R v. Sharkey, 2011 BCSC 1541, and R v. Seymour, 2011 BCSC 1682. I conclude from these authorities and those reviewed therein that in order to increase the credit for time spent in pre-trial custody pursuant to s. 719(3.1), the tide of judicial opinion in British Columbia favours requiring circumstances beyond the ordinary loss of earned remission time that affects all offenders who are detained prior to sentencing. Furthermore, the authorities generally require evidence, or agreed facts, to prove the circumstances which justify increased credit for time served in custody prior to trial.