When any driver reaches 12 penalty points in any 3 year period, the Court guidelines are an immediate ban of 6 months or more. Prior to considering whether a ban should be imposed, the Court will give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed.
The only circumstances that can prevent a driving ban at 12 points is a finding of exceptional hardship. It is clear that hardship must be beyond that which would normally be suffered by depriving the Defendant of his licence. It is for the Defendant to establish the severity and degree of hardship and it is for the Court to assess the severity of the implications and to decide whether that amounts to "hardship which is beyond that normally suffered".
It is accepted that when a Defendant loses his licence, hardship will be suffered. However, that would not be regarded as out of ordinary in any particular case and thus would be perfectly foreseeable as a reasonable consequence of the offence committed.