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The issue of overcrowding at the Sleepy Hollow jail is getting some attention in P.E.I.'s Supreme Court.
"Our numbers are only going to rise, so conversations will need to be had," said P.E.I. Attorney General Doug Currie.
Earlier this month, a defence lawyer argued her female client should be handed a shorter jail sentence because of the conditions at facility.
But at the sentencing hearing Friday, the lawyer decided to drop the issue.
23-year-old Mallory Smith was sentenced to four and a half months in jail for her involvement in a robbery.
Justice John Mitchell said he went relatively easy on Smith because she's a young, first time offender.
One thing he did not consider in his sentence though was the conditions she'll be living in at the Sleepy Hollow Jail.
Jail conditions have never been considered as a factor in a sentencing hearing on P.E.I.
But earlier this month, defence lawyer Brenda Picard told the judge that in this case they should be.
Jump in admission
In the last year, there has been a 30 per cent jump in admissions to Sleepy Hollow.
Currie said earlier this month the correctional centre at Sleepy Hollow was meant to house about 80 inmates, but at times there are more than 130.
Picard said as a result, the jail is now overcrowded and the conditions for women are "horrible."
She said some have been bumped into a new section of the jail designated for people serving weekend sentences, where there's little space and privacy.
But Justice John Mitchell said he couldn't consider jail conditions as a factor in sentencing without hearing concrete evidence about those conditions.
Picard and crown attorney Lisa Goulden both paid a visit to Sleepy Hollow this week.
"Based upon that, the defence council made the determination not to press the issue at this time," said Goulden.
Picard declined an interview by CBC News Friday.
But in court she said she's dropping the issue, because she was told steps are being taken to address the overcrowding problem.
Goulden said based on similar cases in other provinces, she's not sure the conditions at Sleepy Hollow would have had an impact on sentencing anyway.
"The concerns have to be such that they would offend the decency of the reasonable person in society. So it is a very high standard before the court would consider it to be a part of sentencing," said Goulden.
The province said it is in talks with the youth facility in Summerside about possibly moving female inmates to a vacant unit there.
Picard said if conditions don't improve at Sleepy Hollow, she expects the defence may press the issue again.
"Our numbers are only going to rise, so conversations will need to be had," said P.E.I. Attorney General Doug Currie.
Earlier this month, a defence lawyer argued her female client should be handed a shorter jail sentence because of the conditions at facility.
But at the sentencing hearing Friday, the lawyer decided to drop the issue.
23-year-old Mallory Smith was sentenced to four and a half months in jail for her involvement in a robbery.
Justice John Mitchell said he went relatively easy on Smith because she's a young, first time offender.
One thing he did not consider in his sentence though was the conditions she'll be living in at the Sleepy Hollow Jail.
Jail conditions have never been considered as a factor in a sentencing hearing on P.E.I.
But earlier this month, defence lawyer Brenda Picard told the judge that in this case they should be.
Jump in admission
In the last year, there has been a 30 per cent jump in admissions to Sleepy Hollow.
Currie said earlier this month the correctional centre at Sleepy Hollow was meant to house about 80 inmates, but at times there are more than 130.
Picard said as a result, the jail is now overcrowded and the conditions for women are "horrible."
She said some have been bumped into a new section of the jail designated for people serving weekend sentences, where there's little space and privacy.
But Justice John Mitchell said he couldn't consider jail conditions as a factor in sentencing without hearing concrete evidence about those conditions.
Picard and crown attorney Lisa Goulden both paid a visit to Sleepy Hollow this week.
"Based upon that, the defence council made the determination not to press the issue at this time," said Goulden.
Picard declined an interview by CBC News Friday.
But in court she said she's dropping the issue, because she was told steps are being taken to address the overcrowding problem.
Goulden said based on similar cases in other provinces, she's not sure the conditions at Sleepy Hollow would have had an impact on sentencing anyway.
"The concerns have to be such that they would offend the decency of the reasonable person in society. So it is a very high standard before the court would consider it to be a part of sentencing," said Goulden.
The province said it is in talks with the youth facility in Summerside about possibly moving female inmates to a vacant unit there.
Picard said if conditions don't improve at Sleepy Hollow, she expects the defence may press the issue again.
