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Sworn Witness Testimony
Although it is possible to succeed at an exceptional hardship proof
on the basis of agreed evidence alone (Findlay v Procurator Fiscal
Aberdeen
, supra), it is now the norm for witnesses to give evidence. In
almost all cases, at the very least the accused will be expected to
give evidence. It is also generally very beneficial of those persons
most reliant upon the accused's right to drive can appear as
witnesses.
Many people feel intimidated at the thought of appearing in court
but the court, understandably, takes the view that anyone who
would be so affected should be prepared to give evidence to that
effect. Thus, for example, the court may well be sceptical if any