Exceptional hardship cases are heard almost daily in many courts nationwide. At no time during my tenure was any official guidance given. Indeed my own notes were welcomed by many colleagues to assist them in their finding their way through sometimes lengthy appeals by advocates for the offenders. It is about time that magistrates understood all the factors which should be considered in such cases.
Some years ago I was asked by my daughter's then boyfriend what he should do as he had been nicked by a speed camera and it was likely he would exceed 12 points and thereby get the mandatory 6 months ban. The case was going to be heard in another home counties'court (not mine or even in the same JC area)and I said his only chance of keeping his licence was to try 'éxceptional hardship'. I told him to smarten up, get rid of the beard and put a suit and tie on. He told me how he would be unable to continue to do his job. I also told him that he would never get away with his 'exceptioal hardship' argument in my court but he might as well go for it and see what happened. After the case he told me he did as I suggested and it had worked for him. He went on to say that the bench was populated by 3 middle class ladies and it really wasn't too difficult to persuade them of his plight. He was quite pleased with my advice but I couldn't believe that the bench had been so kind. And that I think sums up the 'éxceptional hardship' dilema. No guidance from on high so anything can happen and did!
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