Brother and sister who had sex in rail station spared jail

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

The pair, from Lanarkshire, both pleaded guilty at an earlier hearing.

The brother was put on a probation order for two years, which will 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

The sister, who was 17 at the time of the offence, was also given a probation order for one year and will receive counselling regarding mental health, substance abuse and employment.

Sentencing them at Hamilton Sheriff Court yesterday, Sheriff Ray Small said the publicity the case had brought meant the pair’s lives were now “in ruins”.

Sheriff Small said: “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.” However, he said both defendants were “vulnerable” and had “problems which no doubt contributed to the offence”.

The sister’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 Kirsty Finlayson, who arrived yesterday with a pink shawl over her head, 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.

The sheriff told the brother, from Carluke, 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 the pair had faced the consequences of a “considerable” amount of press interest.

Sheriff Small told the brother and sister: “I believe it is the case that your lives are to a large extent in ruins because of this.”

The pair were convicted of committing incest under section 1(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.