child suffered from cerebral palsy, exceptional hardship was
established. In Kirk v Procurator Fiscal Ayr XJ 2831/99, the fact that
a father had to take his son to hospital on a regular basis for kidney
problems contributed to a finding of exceptional hardship. Finally,
exceptional hardship was established where a driver had to drive a
sick child regularly to hospital, a previous child having died
(Edmonds v Buchanan 1993 SCCR 1048).
they will apply equally to the care of an adult or elderly relative. In
all cases, the burden will be on the accused to demonstrate that
there is no adequate alternative method of transportation.