Couple pepper sprayed and fined for having sex in pub toilet

Couple pepper sprayed and fined for having sex in pub toilet

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Introduction

You know how it is – you’re in a relationship which is at it’s end. You’re in a pub to discuss what’s happening with it, when the emotion of the moment overcomes you both and you have to go off to the toilet and satisfy that most natural of urges.

And so it was that Lee Hopps, 30, and Hayley McClory, 23, ended up in Newton Aycliffe Magistrates’ Court on 10th July 2015 pleading guilty to an unspecified public order offence.

 

Facts

In January of this year, the couple were in the Stanley Jefferson Pub in Bishop Aukland when they nipped off to the ladies loos. A member of staff came along afterwards and seem to have realised what was happening. They caught the attention of two passing special constables.

These invited the couple to come out, an invitation that was refused. When the police got more insistent, Mr Hopps came out and was behaving “in such an aggressive manner” that the officer drew his pepper spray and unleashed it on Mr Hopps. 

Mr Hopps was then ‘taken to the ground’ and arrested. Ms McClory came out in a ‘somewhat distressed condition’, half naked, and with her trousers round her ankles. Notwithstanding that, she also behaved in an aggressive manner, and was also on the wrong end of some pepper spray.

It seems that both were charged with an offence under s4 Public Order Act 1986. Both initially denied it, but later pleaded guilty.

Mr Hopps also pleaded guilty to criminal damage to a police blanket to the value of £10.46.

 

Sentence

There are guidelines for the magistrates court as to how these offences should be sentenced (see page 86). It seems that the magistrates here did not see that there was much of a threat as Mr Hopps was fined £425, whilst Ms McClory only got a £75 fine.

Mr Hopps was also ordered to pay £142 costs and Ms McClory £130. There was also, presumably, a victim surcharges (as well as a lot of embarrassment) for the ex-couple (they have now split up).

All in all though, a pretty expensive quickie …

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Dan is a barrister at 2 Dr. Johnson’s Buildings practising in crime.

9 COMMENTS

  1. Is it just me who doesn’t get what the thrill is about sex in public toilets which, to me, are notoriously dirty places teeming with germs and god knows what else *shudders.

  2. Maybe he was fined more because he was earning more.

    No L-E-S it is not just you. The only way I ever wanted to have sex in a loo – not sure whether it would count as public – was by joining the Five Mile High Club, but alas, that’s like seeing a total eclipse of the sun, one of those joys which has (so far)passed me by.

    James: it’s jokes like that which started the Punic war. They deserve punitive treatment. Andrew, behave yourself, break the habit of a lifetime and behave yourself!

  3. The BBC quote the defending solicitor “It is fair to say neither can actually recall an awful lot of what went on in that pub.”

    Was the female in a position to consent to ‘toilet sex’ ?

    Should the CPS have considered a rape charge ? And if not, why not ?

  4. If she could not even say that there had been intercourse it might be difficult to prove it, and no intercourse, no rape.

    • I refer my learned friend to the now infamous Ched Evans case in which the female had no recollection and the prosecution witnesses heard noises from behind closed doors.

  5. They caught the attention of two passing special constables.
    Mr Hopps was then ‘taken to the ground’ and arrested.
    Do ‘special constables have the power of arrest?

    • They do. Special Constables are (in effect) volunteer police officers with all the same powers as a police officer.

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