The mother of a 15-year-old boy killed by a hit-and-run driver has criticised Scotland's sentencing guidelines for under-25s, saying they allow young people to 'do what they want'. Amanda McIlquham's son Steven died after being struck by a car travelling at 45mph in a 30mph zone on New Year's Day 2020.
Brian Buchanan, 22, admitted causing Steven's death by careless driving and failing to stop, but was spared jail due to his age. He was instead handed 300 hours of unpaid work, a three-year driving ban and a six-month tagging order. The sentence was imposed under new guidelines introduced in January 2022, which make rehabilitation a primary consideration for offenders under 25.
Ms McIlquham told the BBC's Good Morning Scotland programme: 'It just says to anyone under 25 – go out and do what you want, because you'll not get jail, you'll get a tag, you'll get community service and then you will get your life back.' She added that her family has received a 'life sentence' while the driver can 'start afresh'.
The guidelines, rooted in scientific research suggesting the brain does not fully mature until the late 20s, have sparked fresh debate after a judge also spared a 21-year-old rapist from prison. Sean Hogg, who raped a 13-year-old girl when he was 17, received 270 hours of community work and supervision instead of a custodial sentence.
Retired sheriff David Mackie defended the guidelines, saying they reflect Scotland's acceptance of the science on brain development. He noted that rehabilitation through community payback orders involves challenging offenders' behaviour and attitudes over one to three years.
