MAGISTRATES fined a defendant for failing to attend court and told him he would face prison if he did not turn up for the next hearing.

Darlington Magistrates' Court was told that Damien Eyles, 24, of Warwick Square, Darlington, had been due to attend court at 10am yesterday, but turned up in the afternoon.

He said he had been unable to find a babysitter to look after his daughter.

The clerk told the bench he had a history of failing to attend court and he pleaded guilty to failing to surrender to custody of the court.

Chairman of the bench, John Farquhar, told Eyles: "I am fining you £30. You waste my time and I will spend your money."

Eyles was due to appear charged with behaving in a disorderly, indecent or offensive manner by being in a GNER train toilet cubicle with another male on October 31.

He pleaded not guilty and the case was adjourned for pre-trial review until February 10.

Mr Farquhar said: "You know what will happen next time if you don't come to court, I will send you to prison and then I will know where you are."