An offender held in conditions materially more arduous than the general prison population is entitled to have that taken into account in sentencing regardless of the reason for the conditions, but the weight to be given depends on all circumstances including the reason for protection. Greater leniency is ordinarily given where the need for protection arises from cooperation with law enforcement authorities than where it arises from grudges in the context of rival criminal gang activities. Prosecutors and defence counsel should provide detailed evidence of the conditions, how they differ from mainstream conditions, and any consequential hardship or benefit.
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