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Hardship to Immediate Family
The loss of employment or hardship to the accused himself in
itself is usually insufficient to constitute exceptional hardship (see,
for example, Forson v Procurator Fiscal Alloa XJ 1520/08) . As
mentioned previously, we must have regard to the intention of
Parliament when it framed the legislation. While the statute does
not expressly limit the concept of hardship to hardship suffered by
others, is clear that only in truly exceptional and severe
circumstances will hardship to the accused himself suffice (McPake
v Lees
1998 SCCR 184). For example, if re-employment would be
unlikely with regard to the appellant's age, general health and
profession, then the initial job loss may be considered to be