background image
Hardship to Sick or Elderly Relatives
If a sick or elderly person depends upon the accused's ability to
drive, this could be a significant factor in establishing exceptional
hardship (Edmonds v Buchanan 1993 SCCR 1048; Colgan v McDonald
1999 SCCR 901; Kirk v Procurator Fiscal Ayr XJ 2831/99). Again,
each case will be judged on its own facts and circumstances.
Medical reports from doctors and details of the medical condition
will be required in all circumstances. While the family member
may not be able to attend court for medical reasons, it will be
beneficial if he or she can provide a supporting affidavit or letter.
There are myriad examples of such hardship. In Colgan v McDonald
1999 SCCR 901, where the accused had to take her child to