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I would admit that when I was an LLB student, going to the Magistrates’ Courts and Crown Courts were very exciting. For me, the courts were exciting from the point of view of observing the matters of law and how they were applied in the case. Going to the courts was also about ascertaining the verdict that the defendant was going to given. 

But now, as a BVC graduate, there is more to going to court than just to view cases. There are many matters of procedure involved in cases, and these procedural matters influence the outcome of a case.

For instance a burglary case where the accused is an adult and has pleaded guilty, there are many factors which determine the likely sentence an accused will get.

These factors are divided into mitigating factors and aggravating factors.

Mitigating factors include a guilty plea at the earliest opportunity, genuine remorse, no forcible entry into the dwelling, the burglary was unplanned, the property was of low monetary value, the stolen property was recovered albeit damage and the accused has no previous convictions .

On the other hand, aggravating factors in a burglary case include property stolen which was of high monetary value, there was an occupier in the home at the time of the burglary, the psychological effect of the offence on the victim, criminal damage caused to the property, the accused is currently being charged for other offences and the accused has previous convictions for burglary or any other theft related offences.

If an accused has factors of which the majority fall within the first category, it is more than likely that he or she would be subject to a conditional discharge or a fine.

If the accused has factors which fall within both categories, the court will more than likely consider a community sentence. Community sentences include unpaid work requirements, curfew requirements and supervision requirements.

However, before the court could grant a community sentence, they must be satisfied that the offence (on its own or when looked at with other offences) are ‘serious enough to warrant such a sentence.’

If the accused has factors of which the majority fall within the second category, it is more than likely that the court will grant a custodial sentence. Before the court grants a custodial sentence, they must be satisfied that the offence (on its own or when looked at with other offences) is ‘so serious that neither a fine alone nor a community sentence can be justified for the offence.

As the offence is burglary, the accused could be liable to imprisonment of up to 14 years. Any mitigating factors of the offence will determine the length of the sentence.

Concluding, there is much more that could be learnt by visiting the courts. Court visits also give an insight into what goes on everyday in the legal justice system, it gives you the chance to see advocates in practice and most importantly, it gives you a view into the legal practice which allows you to see whether or not it is a field of work in which you wish to pursue a career.

Jennivive Maynard

BVC graduate

01-10-2009