Avoid A Totting Up Ban (Scotland) Page 10

This does not mean, however, that a Court has complete freedom
to make its own judgement. Cases regarding exceptional hardship
will usually be heard in
the Justice of the Peace
C o u r t s o r ( l e s s
c o m m o n l y ) i n t h e
Sheriff Courts. These
courts must take into
account the reported
decisions of the High
Court of Justiciary, the
highest criminal court in
Scotland. This is known
as the rule of precedent.
The High Court only decides exceptional hardship cases on those
occasions where a defendant has decided to appeal the decision of
the lower court and is subsequently granted leave to do so. It's
decisions, however, provide the best guidance to what may be
considered exceptional hardship.

Some of the most important cases are:

· Railton v Houston 1986 SCCR 428 - prospect of loss of

employment resulting in likely loss of family home, resulting in
hardship to immediate family. Exceptional hardship established.

· Robinson v Aichison 1986 SCCR 511 - loss of business owner's

licence would result in collapse of business and loss of 6
employees jobs. Exceptional hardship established.