A heartbroken Lanarkshire mum has slammed Scotland’s sentencing laws after her son’s hit-and-run killer avoided prison because he was under-25.
Amanda McIlquham’s son Steven was killed on New Year’s Day 2020 as he was walking to his grandparent’s house in Wishaw when he was hit by a car.
He was crossing Alexander Street when 22-year-old Brian Buchanan struck him in his Volkswagen Golf - he was doing 45mph in a 30mph zone.
Speaking to the BBC, Amanda said: “He never saw his 16th, he never saw his 18th and that kills me for him to not have that life.
"He was such a blessing."
The force of the impact caused Steven to be thrown onto the windscreen and over the top of Buchanan's car, leading to severe head injuries.
Despite the best efforts of off-duty nurses, he died at the scene.
Buchanan admitted causing the 15-year-old’s death by careless driving and failing to stop after the fatal crash - but, due to sentencing restrictions, he was spared a custodial sentence because of his age.
Martin Jones KC, who was the sheriff at Hamilton Sheriff Court, said he was “constrained” in his sentence because of current guidelines on sentencing people under 25.
Rules state that a custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate.
Buchanan was handed 300 hours of unpaid work, a three-year driving ban and ordered to wear a tag for six months.
He will be under supervision and have to resit an extended driving test at the end of his ban.
Speaking elsewhere since the sentencing, Amanda has hit out at the 'soft-touch' justice system in Scotland which has meant that her son’s killer was not even jailed.
She told the BBC she tries to be the "best mum" possible to Steven's sister, Erin.
She continued: "I don’t want to be miserable every day, but I feel why my son? He had so much to live for and he was such a happy go lucky wee boy."
“My life’s ruined, his sister’s life is ruined, the whole family’s lives are ruined. He didn’t deserve this and the justice system failed him.
“No one had said he wouldn’t go to jail. I thought he would go to jail. I don’t understand it. I know he is a young lad but he drove away. He knocked my boy down and drove away. He knew what he had done.
“I am disgusted with the Scottish law. Does my boy’s life not count? It sends out the wrong signals to anybody under 25. Just go out, do what you want and you will get away with it because they don’t want to put anybody in jail.
“He belongs behind bars. He has still got his whole life. It’s all wrong and justice was not served.”
A Scottish Sentencing Council spokeswoman said: “Academic research shows that a young person will generally have a lower level of maturity, and a greater capacity for change and rehabilitation, than an older person.
“Based on this research, the Sentencing Young People guideline focuses on rehabilitation as a primary consideration in sentencing. Rehabilitation helps to reduce reoffending, preventing there being victims in the future.
“Sentencing guidelines are not straitjackets and each independent judge or sheriff will decide on a sentence based on the unique circumstances of a particular case.
“The full range of sentencing options, including imprisonment or detention, remains open to the court.”
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