Sex in Motherwell lift siblings spared jail

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Richard and Kirsty Finlayson
Image caption,
The brother and sister had both pleaded guilty at an earlier hearing

A brother and sister who admitted having sex in a railway station lift have been spared a prison sentence.

Richard Finlayson, 21, and younger sister Kirsty, 18, were caught having intercourse at Motherwell station in North Lanarkshire on 27 June last year.

Mr Finlayson was put on a probation order for two years and his sister given a probation order for one year.

At Hamilton Sheriff Court, Sheriff Ray Small said publicity over the case meant the pair's lives were "in ruins".

The pair, who are originally from Carluke, South Lanarkshire, both pleaded guilty at an earlier hearing.

Mr Finlayson was told his probation order would be reviewed in six months to decide if he should receive sexual offender counselling.

He must also abide by the terms of the Sex Offenders Act for two years.

'Unacceptable' conduct

Ms Finlayson, who was 17 at the time of the offence, will also receive counselling regarding mental health, substance abuse and employment.

Sheriff Small told the pair: "I'm sure you both understand that most right-minded members of society will find the details of this case unacceptable and difficult to comprehend."

He said, however, that both defendants were "vulnerable" and had "problems which no doubt contributed to the offence".

Ms Finlayson's lawyer, Ken Bonnington, told the court: "My client was only 17 at the time. She accepts full responsibility for her actions and accepts the seriousness of the charge."

The court also heard that Ms Finlayson had been under the influence of alcohol and "possibly other substances" when she had sex with her brother.

Mr Bonnington said his client had made the decision to leave her home in Lesmahagow, and it was agreed that her probation order would be transferred to a court in England.

Sheriff Small told Mr Finlayson he was being put on the sex offenders register "because the law stated that he had to" as his sister was under 18 when he had sex with her.

His lawyer, Archie Hill, said both Mr and Ms Finlayson had faced the consequences of a "considerable" amount of press interest.

Sheriff Small told the pair in the dock: "I believe it is the case that your lives are to a large extent in ruins because of this.

"Neither of you have any previous convictions and have not been assessed as any risk to the public, which is why you are being given non-custodial sentences."

Mr Finlayson's order will be reviewed in April next year.

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