WARNING GRAPHIC CONTENT: Scarborough pizza shop sex couple spared jail

Craig Smith and Danielle Hirst
Craig Smith and Danielle Hirst

A couple have been spared jail after outraging public decency by having sex in a pizza shop in Scarborough.

Danielle Hirst, 29, and Craig Smith, 31, both of Bridlington, were captured on CCTV in Domino's Pizza, in Castle Road, Scarborough, getting intimate and were charged with outraging public decency.

The pair appeared before Scarborough Magistrates' Court for sentencing.

Hirst, of Gypsey Road, Bridlington, was given a 23-week curfew and 10 days of rehabilitation activity requirements. She was also ordered to pay an £85 surcharge.

While Smith, of Field Road, Bridlington, was also given a 23-week curfew, 15 days of rehabilitation activity requirements and 200 hours of unpaid work. He was also ordered to pay an £85 surcharge.

He was on licence when the offence took place in February this year.

The X-rated footage, which was shown in court prior to sentencing, showed the couple engaging in the act while staff worked on the other side of the counter.

Both defendants were visibly embarrassed and turned away from the screens when the acts began.

Prosecuting, Martin Butterworth, said the act was "quite prolonged and the manner of behaviour is somewhat extreme."

Scott McLaughlin, defending, said: "Clearly when they went in they never intended to cause harm to anyone.

He added: "It's blatant but it's not as blatant as it could have been."

Mr McLaughlin argued that "greater harm has been caused to both of them. This is something that has escaped into the wild through no fault of their own through the release of the CCTV footage."

Ahead of their trial, Mr McLaughlin applied to have the CCTV footage from the pizza shop retracted from evidence, which he said at sentencing was their legal right to explore that option.

When this was denied, Hirst changed her plea to guilty but the trial went ahead anyway in Smith's absence.

Mr McLaughlin said: "It is quite regrettable circumstances, this couple have had their dirty laundry aired to the public.

"This footage is on the internet and will be forever more. One can only imagine the impact of this."

Chairman of the bench, Charles Davis, said: "I must make it clear to you that you were both very close to going to prison today. If you break any one of the requirements you can expect to go to prison."

Both defendants have previous convictions. Smith has been convicted of wounding, drink driving and drug offences, while Hirst has previously been in trouble for use of threatening behaviour and theft.